When exactly can you be charged with DUI?

[guitarislove]

What is the name of your state? New Hampshire

I'm a 22 year old interested in becoming a lawyer, and I have a quick question that I can't find an answer to in my textbook. Can a police officer do a Breathalyzer test and Field sobriety test on a minor and discover that their BAC is slightly over the .02 limit, and let the minor walk? Also, if that occurs and the minor has been charged with another misdemeanor during the same incident (for example transportation of alcohol), can a DUI charge be tacked on to the misdemeanor before or on the court date, even though there was originally no DUI arrest? I cannot find an answer, and my friend and I have a bet riding on whether a DUI charge can be tacked on after the incident (Nerdy I know, but it's interesting).

Any answers?

[CdwJava]

Here are some directions to go in your research ... find out what (if any) violation of law has occurred if someone under 21 blows .02 or higher. Is this criminal? Civil? Or administrative?

What are the DUI laws in your state? Under what circumstances can a person be arrested for DUI? What elements must be met to allow for a custodial arrest? What about a citation - s this permissable? If so, at what BAC is this eligible?

Take a look at those issues and you will find your answers.

- Carl

[guitarislove]

Thanks alot, I'll start researching, and hopefully i'll find something. What about the laws in your state though? I know the laws will be different, but can a DUI charge be filed if the offender was not arrested at the scene and let off by the police officer? I really can't find the answer anywhere. Maybe if i got a grasp on the laws in your state i can maybe find a bit of a lead for research.

[CdwJava]

Originally Posted by guitarislove

Thanks alot, I'll start researching, and hopefully i'll find something. What about the laws in your state though? I know the laws will be different, but can a DUI charge be filed if the offender was not arrested at the scene and let off by the police officer? I really can't find the answer anywhere. Maybe if i got a grasp on the laws in your state i can maybe find a bit of a lead for research.

Yes, someone can be charged if not arrested. There are a number of reasons that might happen.

In the situation you describe, if it were in CA, a zero tolerance law for a minor is an administrative issue only and the minor driver can be sent walking on his way. This would not likely become a DUI or he would have been arrested for such.

However, for an adult, it is possible that a person is treated for an accident or a medical issue and is not initially charged or arrested, but when blood test results come back positive for drugs or alcohol they are charged.

I cannot speak for your state, but I am sure if you look into the statutes and some case law, you will be able to find the answer or an educated guess.

- Carl

[guitarislove]

Thanks so much for your help, I found that the zero-tolerance law in NH for minors is administrative and the norm would be that the minor would not be charged with DUI at a later time so long as there was no injury and the BAC was below .08. If over .08 the minor would have been charged and held.

I don't know if that means I win my bet, but at least my curiosity is satisfied.

[CdwJava]

Look a little further ... I think you will find that driving with a BAC of .08 or higher is one offense, and driving impaired with a BAC of UNDER .08 is a seperate offense. It is a common misperceptions that one cannot be DUI under .08 and this is not the case.

Keep in mind that DUI also includes drugs, and someone messed up on drugs only will have a BAC of .00.

- Carl