A motor vehicle accident can lead to property damage and even serious injury, creating complex legal questions about who is at fault. One major concern is how soon you can face DUI charges if authorities believe you drove under the influence. California DUI laws allow prosecutors to pursue a case even if an arrest does not happen right away. At Hurwitz Law Group, we defend those who have suspected DUI charges hanging over them.
In some cases, law enforcement officers do not perform immediate chemical tests at the crash scene, especially if medical emergencies take priority. They may launch a DUI investigation days or even weeks later if new information points to possible impairment. You can still be charged with a DUI if evidence shows that your blood alcohol level exceeds the legal limit.
Learn more about how DUI criminal charges work. Then, contact us to schedule a free case consultation.
After a DUI accident, officials will often look into whether you caused serious injury or property damage while under the influence. Even if everyone appears safe, an officer might still collect evidence—like results from a field sobriety test—to support potential DUI charges.
If they think you were over the limit, they can either arrest you at the scene or file charges later. These criminal offenses carry severe consequences, such as license suspension, fines, and possible jail time.
Prosecutors build cases by reviewing details like witness statements, toxicology reports, and accident reconstructions. A DUI arrest can happen several days after the incident if new proof emerges, such as medical test results.
In California, a DUI conviction can result in criminal and civil penalties that change your life in major ways. You should contact an experienced DUI attorney to work through these procedures and protect your rights. Let our Los Angeles DUI lawyer fight for you.
Leaving the scene of a crash can turn a standard DUI into a more serious DUI offense if investigators believe you fled to hide your involvement. If anyone suffered harm or death, you could also face a charge of vehicular manslaughter under the right circumstances.
Police may locate you using license plate data or eyewitness accounts and arrest you later. You could also face additional legal consequences for failing to stay at the site of the collision.
Sometimes, urgent health issues or chaotic scenes prevent officers from doing breath or blood tests right away. They might finalize the DUI arrest only after they gather extra evidence or get information from hospital staff. This delay does not protect you from being charged with a DUI once the investigation finishes.
An experienced attorney can review the testing timeline and question whether late results accurately reflect your state of mind at the time.
Yes, you can still be charged with DUI even if you weren't tested at the scene. Prosecutors can pursue a case even when no on-site test is done. They may rely on other proof, such as statements from onlookers or camera footage, to claim you drove under the influence.
If they classify the situation as a misdemeanor DUI, you could still face fines, a required education program, and a lasting record. Authorities might also push for a felony DUI charge if they suspect you caused major damage or have previous convictions.
You should know how long the government can wait before pressing DUI charges. The statute of limitations depends on whether you face a misdemeanor or felony case.
Under California Penal Code 802, prosecutors usually have one year from the date of the offense to file charges for a misdemeanor DUI. If they do not file within that period, courts generally dismiss the case.
However, they may argue for exceptions, like when you are out of state and unavailable for prosecution. You should confirm the specifics of your situation with a qualified professional.
Under California Penal Code 801, officials have up to three years to bring a case involving a felony DUI. They can extend that period if special factors exist, such as multiple past convictions or a fatal collision.
Felony DUI offenses carry tougher criminal penalties and can include long prison sentences. You must act quickly to safeguard your rights if you face these allegations.
It can feel overwhelming to learn that prosecutors may file charges long after your accident. A few key steps to follow include:
You can fight a late DUI charge more effectively if you stay organized. Being proactive keeps you in control of your defense strategy.
Prosecutors turn to many sources of information to show you passed the legal limit or drove under the influence. They often gather physical and testimonial evidence to strengthen their argument.
Sometimes, observers do not realize you might have been drinking until later. They may contact authorities days after the collision and mention clues of impairment.
Prosecutors then try to link those observations to a high blood alcohol content at the time of the crash. Your lawyer can dispute the accuracy or reliability of such statements if inconsistencies appear.
A delayed blood draw can occur if you go to the hospital or if officers need a warrant before testing. These exams show alcohol or drugs in your system, but the timing matters because substances break down over time.
If police do not follow strict procedures, the results may be invalid in court. A well-prepared defense can highlight errors in collecting or interpreting the sample.
Nearby cameras might record your driving behavior before or after the crash. Law enforcement can use this to say you drove recklessly due to alcohol impairment. They might also gather receipts, phone logs, or other indirect proof of intoxication. Your lawyer can examine these details to see if they genuinely show guilt.
When a gap exists between the accident and the arrest, you can raise questions about the credibility of the evidence. You can point out mistakes or missing details that weaken the state’s case. A few key defenses we could use in your case include:
Your blood alcohol content can fluctuate quickly, so a test performed hours after the crash might not mirror your level at the time you were driving. Metabolism and other variables can raise or lower your BAC as time passes.
If there is no direct connection between your test results and the moment you operated the vehicle, the evidence may not stand. Often, expert testimony or scientific studies help argue this point.
Memories can fade, and witnesses might mix up key details after experiencing a stressful car accident. They could have reasons of their own that affect the story they tell. Your attorney can cross-examine them or produce evidence that contradicts their version of events. A robust defense can highlight doubts that weaken the prosecution’s entire argument.
Police need a valid basis to believe you committed an offense before they arrest you. They must follow the correct steps during the investigation, including requesting warrants for blood tests when needed.
If they ignore these requirements, a judge may exclude their findings or dismiss the case entirely. This defense shields you from improper police methods.
A delay in bringing charges does not mean you should give up hope. A skilled DUI lawyer can uncover missing details and craft a strong defense on your behalf. A few ways we fight for you include:
A late-filed DUI charge can catch you off guard, but an experienced attorney can guide you through the system. Their work helps you respond effectively and aim for the best possible outcome.
Our Los Angeles DUI lawyer handles all types of DUI cases, including those filed long after the crash. We use our resources to investigate your situation, protect your rights, and challenge unfair claims. You deserve a DUI attorney who understands the California court process and fights for the best result.
At Hurwitz Law Group, we vigorously defend the rights of each client, as our prior cases and client testimonials show. Contact us today to schedule a free case consultation.
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