Asked in DUI / DWI for Oregon

Q: Will they still prosecute me when they allowed me to drive?

Got dui blew .05 cited and relelase, even given a ride back to my car, and allowed to drive 2 home 2 hours later, officer stated it will probably be dropped, he did even check the DUI box on my citation. I have a court date though.

Related Topics:
1 Lawyer Answer
Brandon C. Foy
Brandon C. Foy
  • DUI & DWI Lawyer
  • Stanfield, OR
  • Licensed in Oregon

A: The local prosecutor reviews criminal citations issued by officers and is responsible for filing them with the court if they wish to pursue criminal charges. The officer likely said it will probably dropped based on prior instances where the prosecutor did not file a DUI case with a BAC at, near, or below 0.05.

That said, you should plan on it being filed and contact an attorney as soon as possible for more information and to see how to best proceed with this.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.