Hit someone from behind... can they arrest me later for thinking I was drinking?

Traffic Laws Forum
1

So I hit someone from behind and the cop didn’t arrest me, but they did a field test on my eyes because they saw a can near my car. I wasn’t drinking though. My car got towed and I got a ticket, which I was expecting since it was my fault. The cop said I was fine and didn’t arrest me. Can they come back and try to arrest me later for ‘thinking’ I was drinking?

2

That sounds like a tough situation. Since they didn’t arrest you or give you a breathalyzer test, it seems unlikely they could charge you with DUI later. They’d need some solid proof, like blood or breath tests.

3

@Sam
Yeah, I wasn’t sure if they could come back and make something out of it. Glad to hear it might not be likely.

4

As far as I know, without a breathalyzer or blood test, it’s gonna be really hard for them to prove you were drinking. They can’t just arrest you based on a guess or hunch.

5

Linden said:
As far as I know, without a breathalyzer or blood test, it’s gonna be really hard for them to prove you were drinking. They can’t just arrest you based on a guess or hunch.

Exactly! I don’t even drink much, so it was weird that the cop even thought that. But yeah, no tests, no arrest.

6

Yeah, they can’t charge you with DUI later unless they have concrete proof, like a breath test or blood sample. The field test on your eyes is just to check if you’re impaired, not for drinking. You’re probably good.

7

@Dahlia
I’m relieved to hear that. Just worried about getting charged out of nowhere.

8

Honestly, it sounds like they were just being cautious. Since they didn’t arrest you or give you a breathalyzer, it’s really unlikely they can do anything more about it. Plus, no prior DUIs on your record, right?

9

@Quincy
Yeah, no prior DUIs at all. That definitely helps, I think.

10

I wouldn’t worry too much. Since the cop didn’t arrest you and didn’t find any evidence of you being drunk, there’s not much they can do after the fact. Just make sure you handle the ticket and the insurance stuff.

11

@Nolan
Definitely! Handling the ticket is my priority right now. Thanks for the reassurance!