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Charged with DUI Without Arrest: Allowed to Drive Home?
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45+ Years Criminal Defense

Experience in California

Can I be charged with a DUI if I’m never arrested and I was allowed to drive home?

Yes, you can still be charged with a DUI. A person does not have to be arrested to be charged with a crime. So long as there are facts sufficient to indicate that a crime has been committed, a prosecuting office can issue formal charges. In a DUI case, the police officer could have obtained information from a driver’s field sobriety test or their blood alcohol level and forwarded that information to the district attorney’s office for filing of charges.


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