You are not obligated to let police enter and search your home without a search warrant. It is possible to be charged for DUI the day after you allegedly drove intoxicated or even several days after, even if law enforcement did not observe you driving.
Evidence that you drove while intoxicated could include:. If you got home safe, it may be more difficult to prove you guilty in court. However, there could still be enough evidence to warrant a case.
Even if you are confident in your innocence, you should always face a DUI charge with a lawyer by your side. The Massachusetts Criminal Statute of Limitations refers to the amount of time prosecutors have to file criminal charges after the alleged event of a crime. The statute of limitations for felony charges ranges from 6 years to more depending on the severity offense.
Shafran knows precisely what evidence to look for to argue for a reduction in charges or a complete dismissal of your case. Remember, you never have to answer the questions of law enforcement or investigators without a lawyer present to represent you. Call now. Many individuals assume that police must make an arrest for driving under the influence at the precise time of the traffic stop, however, this is not the case. In fact, police may arrive at your home several days later to charge you without ever stopping you while driving in the first place.
In today's digital age, there is lots of digital and audio surveillance everywhere we go. Additionally, eyewitness testimony and reports may implicate you in an event of drunk driving. While much of this evidence may be circumstantial, the prosecutor's office may still decide to pursue charges against you, particularly if there is an accident involved in the case. For example, a security camera may catch you getting into your car while drinking a beer and driving away from a scene.
Someone may review that footage the next day, or even a few days later, and alert police. They may be able to track you down based on your license plate, arrest you for a DUI, and present the video footage in court in an attempt to prove you were driving under the influence. Or, police may stop and detain you while you are driving and suspect that you are under the influence of alcohol. Perhaps they take you to a local hospital for observation, where the doctors draw your blood for testing.
The results may not come back right away, and police may not charge you with a DUI while you are at the hospital. However, your blood alcohol test results may come back the next morning at which point police determine they now have sufficient evidence for corroborating a DUI charge.
In relation to traffic accidents, though, the accident itself can serve as evidence and the obvious danger to the public caused by the accident represents a significant motivating factor for prosecution.
Which begs the related question: How long after a traffic accident can you be charged with a DUI? And the answer is the same as it is for the question of after-the-fact DUI charges—that is, as much time as the Crown needs to gather evidence.
The more serious the accident, the more time police and prosecutors might take to collect evidence and build their case. Additionally, after-the-fact DUI charges often arise in such cases because the suspected impaired driver was injured in the accident.
The police might make moves to secure a blood sample and collect other evidence in such cases, but interviews with such suspects are usually delayed until they are physically healthy enough. As with all such DUI-related interviews, police should always inform suspects of their right to consult with a lawyer.
This means that you can face a number of harsh penalties if you are convicted. A first-time conviction for a DUI in California can result in:. Additionally, all DUI charges in California are priorable.
This means that the conviction will remain on your license for 10 years. If you are charged with a subsequent DUI in this time period, you will face harsher penalties. Make sure you take after the fact DUI charges seriously by contacting a criminal defense lawyer in Los Angeles now at However, police officers cannot really use these tests if you are accused of an after the fact DUI, as they could not measure your BAC immediately.
After the fact DUI charges are often based on the witness testimony of others. If someone claimed that they saw you drinking and then saw you drive a vehicle, for example, it could lead to after the fact DUI charges.
These charges may be bolstered if someone:.
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