Can You Be Charged with DUI After the Fact?


DUI is considered a serious crime in every state. If you’re pulled over because a police officer is suspicious you are driving under the influence you might face DUI charges after your initial stop.

In some cases an individual might not be arrested for DUI at the scene. Sometimes a delay occurs because it takes time for a lab to process blood and urine tests before any charges are made. In these instances, you may be free to go or held at a detention center until the results are in and formal charges are made. Even without official charges you may be held on suspicion of DUI. 

Statute of Limitations for DUI Charges

Just because an individual is not charged at the time of the incident does not mean he or she is free and clear. Depending on the state DUI laws and the Prosecutor’s Office, a person can be charged with DUI long after the original situation has happened.

Each state has what’s called a "Statute of Limitations." This is the time period a state has to file charges against the person involved in an alleged DUI incident. The length of time can vary from state to state, but it’s usually from 1 to 3 years.

Blood and Alcohol Test Results

If the blood and urine test results come back with illegal drug or excessive alcohol use, an individual can expect to be charged with DUI. This person may receive up to three offenses:

  • Driving while impaired
  • Driving with a blood alcohol content over .08
  • Driving while under the influence of drugs

Connect with a DUI Lawyer Near You

If you’ve been charged with a DUI after the circumstances in question have occurred, you don’t need to navigate the system alone. These cases can be complex and it’s important to know the DUI laws for such situations in your state of residence.

For a free case evaluation with a DUI attorney near you complete the form on this page. We'll connect you right away.

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