Is this possible re drunk driving?

Question

Accident happens - no one hurt, no other car involved - driver hits tree. Police does not administer sobriety tests, no arrest and driver goes home with person towing car. Can the police than ask question at the bar, find out how may drinks were sevred to the driver and than go back a day or two later and arrest the driver? Thanks much.

Answer 1

Yes.  DUI is the same as any other crime.  If police lack evidence to make an immediate arrest, they can investigate just as with any other crime.  The likelihood of conviction is not great if there was no chemical tests and no field tests, but the cops certainly have authority to investigate a possible crime.

Answer 2

A charge for drunk driving requires a test for alcohol concentration, or documentation the test was offered and refused.

You can not issue the citation two days later without an evidentary test.

Answer 3

It doesn't matter how many drinks he bought, maybe he's a spy and was pretending to be drunk. Unless you have evidence or probable cause (which would evaporate after the fact) you cannot bring charges or arrest someone.

Answer 4

The evidence against the driver would have to be overwhelming, but it is possible.  Contrary to other posts here, suspects can be charged and convicted of DUI without ANY chemical test or tests for intoxication detection, however, it would be very difficult to prove.  No proof reduces the chance of conviction considerably, but as stated above, it is possible.