How Long After an Accident Can You Be Arrested for DUI
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Experiencing an accident that results in injury is challenging enough, but when it involves driving under the influence (DUI), it complicates an already unfortunate situation significantly.
Drinking and driving is never acceptable; it is not only illegal but also not condoned by anyone.
Most people don’t intend to drink and drive but it continues to happen for many reasons.
The minute you get behind the wheel and drive you are not only risking your life but the lives of anyone who happens to be near you on the road.
This leads not only to DUI arrests and convictions, but for the less fortunate it can lead to serious accidents that result in serious harm to another or even death.
If you or a loved one is involved in a DUI accident and facing potential arrest, you need to hire an experienced DUI attorney right away. The Defenders is a team of highly skilled and dedicated attorneys who specialize in DUI cases. Contact our office today for a free case evaluation.
What Happens When You Are Charged With a DUI After an Accident?
How long do the police have to charge you with DUI? And what are the charges?
DUI charges are completely different when they involve an accident with injury or death.
The charges are also different if you left the scene of an accident. Charges against someone for a DUI with an accident can become severe and compounded, so it’s not just a DUI anymore.
If you have been charged with a DUI, it’s essential to hire a lawyer. However, if you face DUI charges following an accident, it is imperative to contact a lawyer immediately.
An expert DUI lawyer can help understand all the charges and help you navigate the complications this extra lawyer brings to your case.
What Is the Difference Between DUI and a DUI Accident?
DUI in Nevada typically starts as a misdemeanor for the first and second offense.
This, however, changes if it resulted in an accident involving serious bodily injury or death.
If you have two prior DUI convictions within a seven-year period, you can also be charged with felony DUI.
There are four scenarios where DUI is charged as a felony:
- DUI 3rd conviction within seven years
- Prior felony DUI: you have already had a previous felony DUI
- DUI accident with injury or death
- Vehicular homicide: you have at least three prior DUI convictions and cause the death of another.
It does not matter where your other DUI convictions took place.
Can I Be Charged With DUI After an Accident?
Many people are unaware that a DUI charge can be filed after the fact, as it typically relies on chemical tests or police observations of erratic driving.
Proving DUI arrests and convictions after the event can be quite challenging, and such cases are actually quite rare.
There are some other ways that you can be charged with DUI when there is no chemical test or police verification:
- Video evidence from traffic cameras or cameras from businesses in the surrounding area. If an accident occurred there may also be dash cam from the police as well as the victim’s vehicle since most newer cars have cameras
- Witness statements: When accidents happen there are always going to be witnesses who stop and give statements to the police.
- Paraphernalia left in your vehicle
- Damage that you caused while driving under the influence especially at the scene of an accident
- If you made it to another location after the accident and the police locate you within two hours of ending your drive you can be charged using that chemical evidence.
Leaving the Scene of an Accident While Under the Influence of Drugs or Alcohol
A DUI is bad enough but what happens if you get into an accident and leave the scene while under the influence?
Leaving the scene of an accident with DUI has severe penalties in Nevada.
The consequences will depend on whether or not the accident resulted in property damage or bodily injury or death.
- Property Damage: A driver who leaves the scene of an accident and causes property damage faces up to 6 months in jail and $1000 fine and 6 points on their driver’s license. If the driver is also charged with DUI the penalties can double.
- Bodily injury or death: A driver who leaves the scene of an accident resulting in bodily injury or death could face 15 years in prison as well as a $5000 fine.
DUI with a hit and run is a complicated matter since not only was the defendant charged with DUI but leaving the scene of an accident, all serious charges in Nevada that could get you a lengthy prison sentence as well as permanent criminal record.
In Nevada, you will be charged with both crimes if the evidence can show you not only left the scene of an accident but did so under the influence.
If you have fled an accident and were later charged with DUI Hit and Run you need to contact an experienced DUI expert.
These cases can be quite complex, but an experienced lawyer can thoroughly investigate the charges and develop a strategic defense to secure the best possible outcome for you.
How Long After the Accident Can I Be Charged With DUI?
Like most other criminal offenses, there is a time frame where you can be charged for a crime.
This is the statute of limitations of that crime.
For DUI-related offenses, the police and prosecutor have one year for misdemeanor offenses or the first two DUI’s that don’t involve an accident.
If the DUI is a felony charge, the state has three years to charge and prosecute the case.
If the DUI offense also includes an accident that resulted in substantial bodily harm or death, this is a category B felony and there is no statute of limitations.
Also, if convicted of Felony DUI with injury or death, it is likely that you will face a civil lawsuit as well as criminal charges.
In Nevada, there is a two year statute of limitations to file a personal injury lawsuit.
This means that your criminal charges must be resolved before addressing the civil suit, as one can certainly impact the other, even if it ideally shouldn’t.
What Happens After an Accident With DUI?
If you were driving under the influence and were involved in a motor vehicle accident where you were injured, you may be taken to the hospital to be treated for your injuries. While at the hospital, if there is a suspicion of DUI, the police can demand a blood or breathalyzer test from the hospital staff.
Even if you are aware enough to try and refuse the blood tests, the police can have the blood taken forcibly.
Also even though you are being treated for injuries, you can also be placed under arrest for suspected DUI while in the hospital.
While you will not be taken to jail while being treated for your injuries, you will be placed under arrest and read your Miranda rights.
Depending on the charges filed against you following your treatment for injuries, you may find yourself heading home instead of to jail. Law enforcement may hold off on formally charging you with DUI or any other related offenses until the results of chemical tests are available.
Do I Need a Lawyer?
If you are facing a misdemeanor DUI, hiring a lawyer is essential. However, when additional complexities arise, such as an accident and being charged post-incident, securing expert legal representation becomes crucial.
The Defenders are DUI experts in Nevada and have been representing clients for many years against all forms of DUI charges including DUI accidents and DUI after the fact.
Our team offers strategies to get the case resolved with your best interest in mind.
Remember, DUI cases in Nevada are not automatically dismissed unless there is no probable cause or insufficient evidence to prove guilt.
An experienced attorney, such as The Defenders, can utilize various defenses against DUI and DUI accident charges to strengthen your case.
Each criminal case is unique and that is why personal legal representation is best.
Public defenders often juggle numerous cases simultaneously, which limits the time they can dedicate to each individual case.
A private lawyer has the resources and time to devote to your case and make sure you get the best result possible.
Call The Defenders today for a consultation if you have been charged with DUI in Nevada.
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