Arrested For DUI: Can You Be Charged with a DUI After the Fact?

Being let go after a DUI stop doesn’t necessarily mean the incident is behind you for good. Prosecutors in California actually have an extended period to potentially file charges against you after the fact – even if you weren’t immediately arrested or taken into custody that night.

Just because an officer opted not to make an arrest during the initial traffic stop and investigation doesn’t prevent prosecutors from filing charges days, weeks, or even months later as new evidence surfaces.

Probable Cause and Reasonable Suspicion: Elements of DUI Arrests

Police only need “reasonable suspicion” that you were driving under the influence to legally detain you. Maybe you were swerving between lanes, had a burned-out headlight, or being pulled over on the shoulder of the road, prompting the stop. Reasonable suspicion is a relatively low evidence bar to clear.

However, in order to actually arrest you and initiate DUI charges, the officer needs “probable cause” – much stronger evidence and observations that definitively indicate impaired driving.

Typical probable cause elements include:

• Slurred speech
• Bloodshot, watery eyes
• Difficulties with field sobriety tests like the walk-and-turn
• Admitting to drinking alcohol before driving
• High blood alcohol readings from a breathalyzer or blood test

Essentially, the officer needs probable cause, suggesting you violated California’s DUI laws of driving with a blood alcohol concentration (BAC) over 0.08% and/or while impaired by drugs. If that is lacking when they evaluate you at the traffic stop, many times they’ll opt to let you go with just a warning rather than making an arrest.

When Can Police File DUI Charges After the Fact?

Unfortunately, the officer letting you go doesn’t prevent prosecution if there is probable cause. There are multiple scenarios where new evidence comes to light, prompting them to reopen investigations.

A few of the most common examples include:

Other Video or Photographic Evidence Comes Available

With the ubiquity of security cameras and cellphones with video capabilities today, prosecutors have many avenues to obtain footage surrounding a suspected DUI stop. If that external visual evidence contradicts your recounting of steadiness and sobriety from that night, it could substantiate probable cause and DUI charges.

Eyewitness Reports of You Driving Erratically

A common scenario where delayed DUI charges get filed is when a credible witness reports directly observing you exhibiting obvious signs of impaired driving, even if the police weren’t immediately involved or able to pull you over.

Maybe a concerned motorist called authorities after noticing your vehicle swerving erratically, or a bartender watched as you stumbled out after the last call and unsteadily drove off. If prosecutors obtain witness statements, they now have probable cause to file charges after the fact – regardless of whether an arrest occurred or was possible at the moment.

Medical Transport Prevented Immediate DUI Investigation

In some cases, immediate DUI investigation activities like field sobriety tests and standard DUI questions aren’t asked because a driver has to be transported to a hospital due to a collision. Then, a blood draw may be conducted at the hospital that reveals that the driver had a BAC higher than the legal limit of .08%, which can result in a later filed prosecution against the driver for driving under the influence in violation of VC section 23152(a) and 23152(b) or even VC sections 23153(a) and 23153(b) if the collision caused injuries.

California’s Statute of Limitations for DUI After the Fact

For simple misdemeanor DUI cases with no aggravating injury or elevated allegations – prosecutors generally have one year from the date of the incident to file charges. So you could theoretically get that unexpected knock on the door regarding DUI charges up to 12 months after the original stop.

However, if a DUI incident involves any injury or death or includes more severe charges like felony DUI or hit-and-run, the statute of limitations extends even further. In felony DUI cases, the state has three years to file charges against you.

Penalties If Convicted of a DUI Charge After The Fact

For a first-time misdemeanor offense DUI in the state, potential punishments can include:

• Probation supervision for 3-5 years
• 4-6 months of license suspension
• Mandatory DUI education courses
• Installation of an ignition interlock device
• $1,800+ in fines and penalty assessments
• Up to 6 months in county jail (sentences vary by county) for a first-time offense

And those penalties only increase for aggravating circumstances like:

• Having a particularly high blood alcohol concentration over 0.15%
• A DUI incident involving a collision with injuries or property damage
• Additional charges like allegations of child endangerment
• Any previous DUI convictions on your record within the last ten years

With such severe criminal sanctions on the table, it’s absolutely critical to have an experienced California DUI defense lawyer exploring every avenue to best leverage a favorable resolution. Our team has helped many clients avoid convictions altogether through thorough case preparation, skilled negotiation tactics, motions to suppress harmful evidence and aggressive litigation.

Even if charges come much later than anticipated, that doesn’t diminish how damaging a DUI conviction can prove for your personal and professional life moving forward.

Building a Strategic DUI Defense Strategy After the Fact

If you have been charged with a DUI after the fact, you still have options. Whether an arrest happens the day of or weeks later, the prosecution still has to prove your charges beyond a reasonable doubt.

The smartest route from the start is engaging legal representation from a skilled California DUI defense attorney. Even if you managed to make it home safely that first night without arrest, having a lawyer develop tailored defense strategies provides major advantages.

With our team’s extensive experience defending all forms of DUI allegations over the years, we can examine the case for any number of potential issues related to:

• Lack of evidence demonstrating actual impaired driving ability
• Failures to properly advise you of your rights or chemical testing privileges
• Irregularities, contaminations, or administrative errors with breath/blood samples
• Violations of your constitutional protections against unreasonable search/seizures

The earlier our firm gets involved after a DUI stop, the better we can document evidence preservation, obtain surveillance footage, interview witnesses, and establish a comprehensive defense.

Don’t Wait Until It’s Too Late – Get the Right DUI Defense in Place Early

If you’ve found yourself on the receiving end of unexpected DUI charges filed weeks or months after an initial incident, it’s absolutely critical to engage an experienced criminal defense lawyer immediately. Waiting risks allow prosecutors to steadily build a stronger case against you.

When you hire our California DUI lawyers, our team can quickly jump into action by:

1. Carefully review all evidence, police reports, and circumstances surrounding the allegations against you.
2. Identifying any potential violations of your rights or issues with the state’s probable cause.
3. Locating and interviewing any witnesses who may have exonerating testimony.
4. Aggressively pursuing all available defenses and strategies to fight the charges or negotiate a reduction.

While no outcome can be guaranteed, doing nothing will only make battling these charges more difficult as time goes on.

Contact us today for a confidential consultation and protect your future from their damaging impacts.