can you get charge for dui/dwi if you didn't do a test to prove that you are intoxicated but you admit to the cop that you was drinking 8 hours prior to a car accident? im worried cause the cop didnt test me to see if i was intoxicated. all they did was write down my info on my drivers license and send me home. even though they found a empty bottle of volka in my car.
Update:thank you thank you. thats what i wanted to hear
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Answers & Comments
I told you the before the Officer didn't feel you were intoxicated or under the influence at the time so he took down your information to fill out the accident report and then let you go as neither party needed a tow.
If you were going to be cited for a dui you would of been ordered to do field sobriety tests and placed in handcuffs then taken to jail if you failed. If a officer knowingly releases a drunk driver then the police department that the officer is attached to would be liable.
If they didn't test you they don't have any evidence you were drunk the most they could get you for is an open container in the car.