If you think you might be at risk of receiving a DUI, it’s important to understand that it’s not cut and dry. Most people think that if you ‘get away with it’, and make it home, you’re in the clear. However, there is a possibility that you can receive a charge for DUI after the original incident. It’s an interesting legal battle to be part of, and it can be quite hard to prove. However, it is possible under the right circumstances. But what could possibly lead police to allow a charge such as the fact?
DUI After Original Incident: How does that work?
While it is possible, law enforcement has to jump through a few hoops to charge a DUI after the original incident. To pursue this charge, a police officer has to have some pretty substantial evidence. For starters, they must prove that you were driving on a public highway at the time of impairment. Sounds easy to prove, right? Actually, that can be pretty tough.
For example, what if you put your car in park? Did you drive drunk and then park the car? Or, did you get drunk in that car without driving? Usually, evidence of your presence near the motor vehicle is enough. However, unusual scenarios with parked cars have occurred in previous cases.
Proving ‘Under the Influence’ While Driving
The second element is more difficult to prove: that you were under the influence while driving. Police need evidence that proves, beyond a reasonable doubt, that you got behind the wheel while intoxicated. Usually, this comes in the form of a field sobriety or chemical test. However, depending on the length of time after the fact, police may not be able to administer a test. In this scenario, police would need video evidence or some other type of test that you have taken within enough time to determine an accurate BAC level.
Strong Defense For “After The Fact” Cases
As you can see, an “after the fact” DUI is possible, but improbable. There are many holes in the argument that make the charge difficult to prove. You have a variety of defenses at your disposal that make the case a tough sell for prosecutors. If you’re facing the charge of an “after the fact” DUI, it’s important that you contact an attorney who has experience with cases such as these. Receiving a charge after the original incident is uncommon, but in the event that you deal with this, it’s important to seek guidance.