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.
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.
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