Criminal Defense Questions: Can I be Arrested for DUI After the Incident?

Question: I was found in a stopped vehicle on the side of the road. Fire rescue took me to the Emergency Room, but I don’t remember anything. I took a blood test that came back positive for intoxication, but I was released with no charges. Can they arrest me after this?

Amir’s Answer: Yes, you can be charged with a DUI based on the facts you’ve presented. I recommend you review Florida Statute 316.193 (the DUI statute) and advise you to hire a lawyer.

The statute allows that one can be charged with DUI if they are either driving or are in actual physical control of a motor vehicle at a time when one’s normal faculties are impaired. Actual physical control could be established through the facts you’ve described, but more information is necessary, such as: Were you in the driver seat? Was the car running? Where were the keys? Was the vehicle in operable condition?

As for the blood draw, you may be able to challenge its admissibility. There are limited circumstances where blood may be taken and there are certain protocols that must be followed for that blood to be admissible evidence in a criminal case.

I recommend you hire someone based in the jurisdiction where this occurred who is very experienced in DUI defense.

Author: Amir Ladan
A former assistant state attorney for Orange/Osceola Counties, Amir has handled thousands of cases and dozens of trials, ranging from DUI and traffic offenses to murder, in both adult and juvenile court.
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