Q: Admitted to drinking and driving but passed sobriety test. can the judge change his mind and sentence me?
Involved in a single car accident, nobody was hurt. i admitted to the officer that i had a drink that night. he gave me a field sobriety test and i passed, he said “i’m not being arrested for DUI” i got a infraction for an unsafe lane change. the officer didn’t do any blood work or breathalyzer test, so with that can the judge change the infraction to something else given my driving history? or since there’s no actual documentation other than me admitting what would be the outcome of this? would i be sentenced to jail for my second DUI or is it just going to be a ticket for an unsafe lane change as that was originally given to me?
A: If there's no chemical test it's very difficult to prosecute you for DUI, especially if you passed the FST's. If you want to fight the infraction, have at, it would be difficult for anything to be added to the case.
The Judge isn't the one who files charges; it's the DA's Office. Ordinarily, an infraction such as an unsafe lane change will have no impact on the pending charge stemming from the traffic incident.
However, depending on your age when you had that one drink, whether you were still on probation for the other DUI which included a term that you were required to completely abstain from alcohol when driving, the DA could prosecute you for DUI if the cop who issued the ticket for the unsafe lane changes his mind and files a police report recommending the filing of DUI charges against you.
MORE INFO WOULD BE HELPFUL?
WITHOUT EVIDENCE IT WOULD BE DIFFICULT TO GET A DUI CONVICTION.........AND IT WOULD BE THE DA THAT WOULD HAVE TO FILE..........................HOWEVER:::::
WHEN WAS THE FIRST DUI? ON PROBATION? CONDITION OF PROBATION TO NOT DRINK AND DRIVE? IF SO THAT WOULD VIOLATE PROBATION AND ONE COULD BE SENTENCED FOR THAT.
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.