Might I be charged with a DUI?
I was driving home after meeting a friend for a few drinks and got a flat tire. I pulled over best I could to the side but was still partially on the road--but it was near 2 AM on a quiet street. I tried to change the tire myself but my wrench was stripped and my jack isn't great so I just called AAA. While waiting I was keeping myself busy by continuing to lift the car--I had never taken advantage of AAA to change a tire so I didn't know they would be able to do that in seconds...also I was just restless and couldn't stand doing nothing.
ANYWAY, I was near an intersection and I assume someone passing by on that street saw my flashers and called the police. When the policeman showed up I put down the wrench and stood up to wait for him to approach. He asked where I had been and I was honest about having had a few drinks in the next town over. He claimed he could smell the alcohol on my breath--I'm not sure he really did, I think he smelled the excess hand sanitizer I was using dealing with the tire and everything. But I didn't argue with him. He didn't do a breathalyzer test or do any sobriety tests except make me follow a pen with my eyes to prove I was okay to drive.
I had told him AAA was on the way but he said I needed to move the car because it was in the street. I told him the equipment wasn't great and that was why I called AAA--they were going to be there in about 15 minutes. He said I needed to move it immediately or he'd call a tow truck. I started trying to lower it which was working even worse than lifting it. He stood and kept a flashlight on me while I did it and commented how it wasn't working well (thanks). He tried to kick it to see if it was low enough to pull out at one point. But AAA showed up before I could get it down. The cop waited until everything was done, he said to get home safe, and left.
So to recap: no breathalyzer test or blood test, no ticket, no paperwork at all. He tested my vision which I guess I must have passed because he let me drive home. But I'm easily paranoid and I'm sure my incompetence with the tools wasn't great to prove I was sober enough to drive.
2 Answers from Attorneys
I assume you will be fine and I wouldn't worry about anything. However, if you do get a ticket in the mail, call me at 1-855-9-JEFLAW to discuss further.
It sounds like you will be OK - although you could be charged.
If you are contacted you should consult with counsel as soon as possible.