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No. In order to be tried with any charge, you must first be charged with it. If you were never charged with DUI you can't be found guilty of that charge. HOWEVER - before you actually go to trial the prosecutor can file a motion with the court to AMEND the charge, and at that time amend the charge to DUI - IF they have evidence to sustain it.

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Q: If I didn't get charged with a DUI can I still be found guilty?
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