Author of "The DUI Answer Book" A Citizen's Guide to Understanding Your Rights

Q: Can I get convicted of a DUI if I have not signed paperwork?


A:  Up until a few days ago I would have said this is very strange for a DUI but you are now the second person that I have heard mentioning something like this for a DUI charge in the past week. I have seen this for more serious criminal charges but generally not for a DUI. You should hire an attorney so the attorney can contact the officer to let him know you have representation and that the officer is not to contact you. 

Generally there are two ways a DUI can be filed against you. 1) Getting a ticket 2) The prosecutor files a complaint and summons you to court or issues an arrest warrant. Option 2 takes longer and is a pain but if the officer messes up the ticket, option 2 is the only way to go. My guess is to avoid admitting he made a mistake he wants to meet you and give you another ticket so he doesn't have to go to the prosecutor and give them the bad news that their job is now more difficult. 

Get an attorney since it will be easier for you. Generally I think you should hold the officer to his mistake and force him to get the DA involved making a decision whether to prosecute or not. However, if you do that, I have heard you could be arrested once a complaint and if a complaint is filed rather than cited and released with a ticket. However, I really don't think that will happen. What I think would likely happen is yo will be sent a letter in the mail telling you to come to court if the prosecutor files something. Getting an attorney is your best option though so you don't have to deal with the officer anymore.

​Who do you want as your attorney? The Master or the student? Patrick Silva has over 20 years of DUI experience, he has been published in DUI reference books, he has spoken in front of hundreds of attorneys at conferences, taught classes to lawyers on his secrets and strategies, and has a nationally listened to podcast dedicated to teaching other DUI lawyers how to win.  (909)798-1500