Fredonia, NY DWI and DUI Law Firms & Lawyers

Yes. Because you were not arrested at the hospital, and because the results of the blood alcohol level won't be known until the lab work is finished, they gave you back your license. If the lab comes back with a high enough concentration of alcohol, you can be charged with DWI. Did you receive a document entitled Temporary Driving Permit? If so, give me a call. You have only 15 days from the accident date to take action.

Something is going to be done, you are going to see the inside of a jail cell again. Remarkably, everyone that has just had surgery on their leg, foot or eye, so they cannot perform the tests properly, is on the cell phone, which accounts for their traffic citation and refuses to blow, so the courts will know how intoxicated they really are. Why those folks are drinking at all, since they have all of these issues is confusing, but whatever.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Usually, the D.A. has one to file charges in a criminal case. Once the charges are filed, the statute of limitations no longer runs. The fact that an arrest warrant was issued 7 months after the initial incident, means that criminal charges were either filed at the time the warrant was issued or sometime before that. You may have a speedy trial defense depending on many factors too numerous to go into here. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.