Questions Posted to "Ask a Dispatcher"
Q. i was pulled over for a taillight issue and field sobriety tested and breath test result below .08 and released without a citation.can i still be charged?
Dear Juneau Resident,
It depends on the details of what happened. You can call the shift supervisor and ask if charges are being filed.
If you were tested for drugs, including blood being seized to test for drugs there may be charges pending. Drug testing takes a long time so drug impaired drivers may be released pending those results.
Also, it is not as simple as testing over .08 means you are intoxicated and under .08 means you are not. JPD has gotten DWI convictions with tests under .08 when the driving and other behavior confirmed intoxication. .08 is the 'per se' intoxication level which means anyone above that is considered legally impaired. Some people are too intoxicated to drive, and drive dangerously under .08.
A prosecutor might want to look at the whole case before deciding on going forward with an under .08 DWI case.
Then, some drivers mix alcohol and drugs which can make for a drawn out complicated case where charges are delayed. As you can tell, every case will have different facts so there is no decisive answer. However, if all the evidence has already been collected the shift supervisor can tell you the plan for the case.