If there is no DUI refusal and the police release you can you still be DUI?


Q: I got in an accident because of deer ran out in front of me. I hit a telephone pole and was charged with a DUI, DUI refusal, also reckless driving and careless driving. No DUI refusal form was filled out and the police released me one hour after I was put in the holding cell. They told me I had to walk home if I had no ride. (Jefferson Hills, PA)

A: If you didn’t sign a refusal form, the officer can still testify that you refused blood alcohol or breath testing. The fact that you were released to walk home has no consequence. The police likely had the information they needed to file charges and thought you were sober enough to walk home after a certain point. You will be sent a summons. The other alternative would have been for the police to take you to the county jail to be arraigned in night court and released the next day. The summons process is better.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.