Can You Get a DUI Charge After the Fact?

Gavel with Alcohol

Is it possible to get charged with a DUI after the fact once you have driven home? The answer to that question is yes or no depending on the details of your situation.

It is possible to receive a DUI after the fact if there is enough evidence against you. This may be more difficult to prove under these circumstances, but it is possible. If the police officer believes there is enough evidence to show that you were driving while intoxicated, they can pursue a DUI charge against you. However, it is important to note that just because you are charged with such a crime, does not mean that you are guilty. If there is no evidence, such as a breath test or blood test and the police did not see you driving your car, you could have a strong defense.

Police Must Have Reasonable Suspicion and Probable Cause to Pull You Over

For a police officer to pull you over, he/she must have reasonable suspicion to do so. Reasonable suspicion means that after assessing the situation, the officer decides that a crime is going to be committed or has been committed. He/she must also have probable cause to make an arrest or obtain a search warrant.

Probable cause is the standard of proof required for an officer to bring a criminal charge against you. It is based on specific and articulable facts.

Can You Be Arrested for a DUI After Going Home for the Night?

If the police observed you driving and believe you were impaired, they can detain and arrest you. However, you do not have to let a police officer into your home without a search warrant. Therefore, if you are home for the night, you will most likely not be arrested for a DUI unless you see evidence of a search warrant.

Can You Receive a DUI Charge the Next Day?

While not very common, it is possible to be charged for a DUI the day after you allegedly drove under the influence of alcohol. Evidence of this may include but is not limited to the following:

  • Video footage of you driving impaired
  • Witness accounts of your driving
  • Evidence of damage caused by your driving (such as property damage)
  • Chemical evidence taken after you were driving
  • Evidence of alcohol containers in your car
  • Photographic evidence of you driving

If you were able to drive home safely, it will be more difficult to prove that you are guilty in court. However, it is possible that there is enough evidence to do so. That is why you should always face a DUI charge with an experienced lawyer by your side.

Is It Common to Receive a DUI After the Fact?

It is rare to be charged with a DUI after the fact. If you are worried that you may be charged with this, you should consult with a lawyer. If you were not arrested but received a DUI citation in the mail, you will face the same penalties as someone who was arrested for a DUI. Therefore, it is best to call a lawyer to ensure your rights are protected.

Consult with an experienced lawyer from our firm by contacting us online or calling us at (304) 867-0049.

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