If I was in an accident, then taken to the ER, never issued a citation or arrested, can i still be charged?

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If I was in an accident, then taken to the ER, never issued a citation or arrested, can i still be charged?

I was in a recent accident, just myself, no other vehicles. I was impaired, and taken to the hospital for head injury. The only thing that the police officer had discussed with me, was a consent to draw blood for a BAC. I was released the same night after treatment, but have received no word of my charges. (Its sunday and the police stations information desk is closed)

Asked on June 21, 2009 under Criminal Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not an Ohio lawyer, and the law and procedure are different from one state to the next, but I doubt that there would be a legal problem with issuing charges against you up to 30 days after the accident.

If you are charged, you should talk to a lawyer.  If the charge is based on the BAC from a blood sample, depending on all the facts, there could be an argument made that you were in no condition to give consent, and try to exclude the blood sample as evidence.  This isn't a do-it-yourself issue, by any means.  One place to look for a qualified attorney is our website, http://attorneypages.com


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