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 essential to note that just because you are charged with such a crime does not mean you are guilty. If there is no evidence, such as a breath 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.
Reasonable suspicion means that after assessing the situation, the officer decides that a crime will 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 observe you driving and believe you are 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 Get Charged With Dui After the Fact in WV
Yes, it is possible to be charged with a DUI after the fact in West Virginia.
While DUI charges are usually filed at the time of the incident, law enforcement may delay filing charges. Evidence of this may include video footage of you driving impaired.
However, the DA will need to be able to prove the case at trial. Witness testimony and other evidence can be presented at trial. Still, without blood/breath or urine, it will be a much more complex case for the DA to prove.
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 could drive home safely, proving guilty in court would be more challenging. However, there may be enough evidence to do so. You should always face a DUI charge with an experienced lawyer.
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 about being charged with this, consult our Berkeley County DUI lawyer. If you were not arrested but received a DUI citation in the mail, you will face the same penalties as someone arrested for a DUI. Therefore, it is best to call a lawyer to protect your rights.
Please consult with an experienced lawyer from our firm by contacting us online or calling us at (304) 867-0049.