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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1347
Experience:  Experienced Criminal Trial Attorney since 1998.
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I am on misdemeanor probation in the state of FL, for a reckless

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I am on misdemeanor probation in the state of FL, for a reckless driving charge, which was reduced from DUI. I have gone to all meetings with the probation officer, and have been working on paying all of my fines and attending my classes. The condition of my probation is not to drink, and I haven't until this last Thursday. I had run out of my depression medicine (which is on back order), and had a lot of stressors that day. I ended up drinking at home, and don't know why, but got in my car, and drove to a store about 1/2 block away. The attendant noticed I was altered, and took my keys, and called police and paramedics. Apparently at the scene I said I was suicidal, so they Baker Acted me. I was released from the hospital the next day, because once I was sober, I was fine. They gave me my medication, which stabilized me, and I have had no further problems. I have been married since I was arrested on the initial offense, so my last name is different. I'm sure that they ran my name at the scene, but don't even know what was said to me by the officers present. I have a few questions from this. Since they Baker Acted me on the scene, and didn't arrest me, and didn't arrest me when I was released from the hospital, will they come back and issue a warrant now? If my last name was different when they ran it, would it still come up as me? Will my probation officer make the decision whether or not to violate me, or will it be already made by the officers?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Guru replied 1 year ago.
Welcome to JustAnswer.

(1) It is possible to issue an arrest warrant after the fact, but that is unlikely. First, you didn't mention that they gave you a breathalyzer or blood test to determine whether you were intoxicated. Secondly, since you were not driving when clerk or officers saw you even if they could prove you were intoxicated in the store it would be difficult to prove you were intoxicated while you were driving.

(2) They use drivers license numbers, social security numbers, and dates of birth to identify people so your name change is unlikely to make any difference.

(3) It will be up to your probation officer not the police officers whether or not to ask the court to revoke any portion of your probation. That is assuming that your probation officer becomes aware of the incident.
Customer: replied 1 year ago.

That was SO helpful. I don't know if I can ask a couple of follow-up questions, or not, but when the cashier took my keys from me, I was trying to crank my car, and apparently repeatedly told her I only lived a couple of doors down and tried to convince her I could drive, but thankfully, she and apparently a bystander took them from me, anyway, so I started walking home, and that is when the police/ambulance showed up. Also, I had an AL driver's license with a completely different number, state, and last name, and I vaguely remember the running my name with my driver's license info. Will either of these bits of information positively or negatively affect the scenario?

Expert:  Legal-Guru replied 1 year ago.
Sure you can ask follow up questions.

(1) Assuming your car was operable then the clerk seeing you try to start your car could be considered actual physical control of an automobile, but without a blood/breath test it would be difficult to prove your intoxication. It is not impossible they could pursue a DUI charge, but I find it highly unlikely.

(2) I would just be speculating whether running your AL license would pull up your prior offense and probation status. With computer databases those records are cross-referenced pretty well these days. However, that really does not make much difference. Even if the officers saw it there is unlikely to be any automatic notification of your probation officer.
Customer: replied 1 year ago.

Okay, I promise...last question. I truly don't remember what they did to me at the scene, as far as a breathalyzer goes. It is possible that they could have done one, but I don't remember it. Apparently when they asked me if I had been drinking I told them that I had and that I was suicidal. I know that they did do a urine test on me at the hospital to make sure I was okay to be given my medicine, and that they had to wait for my alcohol level to drop to medicate me. Would the hospital test be used against me, or do you think it would have been just for medical purposes? If they were going to pursue DUI charges, would it have been done on the scene, or is it common for them to come back and file the charge after the fact?


 

Expert:  Legal-Guru replied 1 year ago.
(1) Any type of portable breathalyzer given at the scene is unlikely to be introduced in court to prove you were intoxicated because they are not as reliable as the machines at the police station.

(2) I have never seen someone prosecuted for DUI based on a urine test, but it is not impossible. It is less likely to be used than a blood or breath test because of the time it takes to metabolize alcohol it would not be as reliable.

(3) Usually a DUI results in an instantaneous arrest, but not always. For instance on DUI fatalities the driver is often hospitalized and not charged until later pending blood test results.

Given all these circumstances I find it unlikely that you will be charged with DUI. Your bigger concern is if your probation officer finds out about it. Much less proof is required to revoke someone's probation than is required to convict them for a new crime.
Customer: replied 1 year ago.

I guess I lied when I said one more question. I know they drew blood in the hospital and did a urine test. The urine test might have been a drug screen, and the blood the alcohol. If so, do you think it is likely that the police will be provided with the test results, or was this just to medically stabilize me?, I was so out of it, but now that you mention it, the nurse did take blood from my IV to re-check my alcohol level. I guess what I'm asking, is it normal practice for the police to go back and get that info, if there wasn't a wreck or injury, and then charge me after the fact, or was it more likely that they had just passed me off to the medical facility, so that I could be stabilized mentally, and won't follow up on it?

Expert:  Legal-Guru replied 1 year ago.
The second scenario is more likely. Without a wreck it is not impossible but unlikely that there will be any more follow up by police.
Customer: replied 1 year ago.

Thank you so very much!

Expert:  Legal-Guru replied 1 year ago.
You are very welcome ... best of luck to you!

Please take the time to rate my answer so that I can receive credit for your question. Thank you.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1347
Experience: Experienced Criminal Trial Attorney since 1998.
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