Yes, you can still be charged with a DWI after the fact. Even though you passed the preliminary breath test and you did not receive a ticket on the scene, the officer can still charge you with a straight DWI offense for up to three years after the date of offense. A straight DWI charge does not require the state to prove a subsequent failure of a blood, breath or urine test. The state will still need to prove beyond a reasonable doubt that at the time of driving you did not possess the "clearness of intellect" to allow you to safely operate your vehicle. A no test case will be more difficult for the state to prove and will allow for more room to plea bargain. I would advise you to retain a competent DWI defense lawyer to insure the best outcome for your case.
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