Can my criminal charges be modified after my arrest?

When you are arrested, the police officer may tell you what you are being charged with (assault, DUI, etc.). However, these charges can and often do change depending on the subsequent investigation.

Pre-Arrest Testing

This is especially true for cases of DUI. It is becoming increasingly common for officers to request a blood draw from a DUI suspect. At the time of the blood draw, the suspect may already be under arrest for DUI but the blood alcohol level may be unknown. Therefore, the criminal charge would be “DUI-Less Safe Driver.”

More Serious Charges Post-Arrest

However, if the blood test results come back and the blood alcohol level is 0.08g or more, then the charges can be changed to the tougher “DUI- Per Se,” meaning that a scientific test has shown that the suspect’s blood alcohol concentration is above the legal limit. A DUI Per Se is much tougher to beat than a DUI Less Safe. Therefore, an effective DUI lawyer will often push the DUI case through before the blood test results come back (especially if it is believed that the results will be incriminating).

 Your criminal charges can always be modified up until the day of your trial. It is extremely important to have an aggressive criminal defense attorney on your side from the start.