An accident which is a civil issue can turn criminal but isnt an issue here.
The judge is issuing a warrant based on the officers statement at the scene that the officer believes that contraband of a criminal act (alcohol or drugs in DUI) are being stored inside the drivers body.
Same theory as the officer gaining information that there's a grow house at 123 elm st from a reliaible source who has proven his reliaiblity, then applying for a search warrant for the house.
You can smoke ten pounds of weed, snort ten pounds of cocaine, and choke it down with sweet ice tea from sonnys and ten oxys and pass a breathalizer or intoxilizer all day.
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