Patrick J. Silva
Silva & Silva
Attorneys at Law
* 17 Years of Top Level DUI Experience!
* I Teach Other Lawyers DUI Defense!
* Well Known & Respected in the Courts!
Can I be arrested if I tested positive for a DUI but the CHP....
Hello this is Attorney Patrick Silva with another answer to one of your fequently asked questions. Recently we were asked, Can I be arrest if I was tested positive for a DUI but the CHP officer left before the results were in? I was over the limit a .19, I ended up at the hospital. In this type of situation when you were taken to a hospital in order to receive medical treatment, the officer is not going to wait around until you're out of the hospital. He either gave a citation that says you have to come to court on this day or he'll just turn over his report to the District Attorney, at that time the District Attorney may send you a letter saying we are filing charges of a DUI against you. You'll have a court date and a location please appear or a warrent will be issued. So as a recap the general rule is the officer is not going to back and arrest you at your house unless you don't show up to court that is a normal procedure.
This is Attorney Patrick Silva Have a Great Day.
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