Q: I just received a request for DUI hearing But I have never been arrested. Is this a mistake?
UPDATED INFO: This happened eight months ago. Why am I just now getting notice? Also, is there a police report out there that I can review?
I had a medical emergency, pulled over to the side of the freeway. Police recalled, they took a breath test and ambulance was called. I was transported to the hospital and treated for potential stroke/cardiac
A: There doesn't have to be an arrest for the prosecutor to later file a DUI charge. If the investigating officer thought you were under the influence (of alcohol or a drug), they can forward that report to the prosecutor and charges can get filed that way. This is pretty common when the person was taken to a hospital. I would definitely recommend you talk to a lawyer who practices in the court that sent you the notice.
2 users found this answer helpful
A:
I'm sorry to hear. The Department of Licensing can and will take administrative action on your license when they receive a police report that meets certain criteria for suspicion of DUI. The license suspension will range from 90 days to 1 year depending on what is alleged in the report. This is completely independent of the criminal process.
It sounds like you were investigated for DUI and a police report was authored. You should consult an experienced DUI attorney to discuss the risk of criminal charges being filed.
1 user found this answer helpful
A: No this isn't a mistake. You should ask for a continuance from the DOL and hire an experienced criminal defense attorney to help you.
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