Can You Be Charged With a DUI Days Later

Driving after even a single drink poses a significant risk. With rideshare options and public transportation readily available in Nevada, there’s simply no reason to consider driving under the influence.

Unfortunately, it happens everyday. Many people believe that having just one drink or that enough time has passed makes them fit to drive. They often come up with excuses like not wanting to leave their car for fear of getting a ticket or towed.

Once the choice is made, you are responsible for the consequences of what follows.

Many people view a DUI as merely a serious traffic violation, but it is, in reality, a criminal offense that can result in jail time, probation, and significant fines.

If convicted of DUI, besides losing your license, you may be subject to losing your job or not be able to work in certain positions because of your DUI conviction.

These are just some of the consequences for a DUI conviction that can follow you around even after the case has been settled.

But what happens if you think you’ve made it home safe?

Can you be charged with a DUI days after the fact in Nevada?

If you have managed to make it home or to another destination and think you’re off the hook, think again.

There are many ways to prove that you were under the influence even if the police did not pull you over or witness you driving and you can be charged with DUI even after the fact in Nevada.

Any DUI charge should warrant having an attorney who is an expert in DUI law and can help get the charges reduced or dropped based on evidence.

Call The Defenders today if you have been charged with any DUI offense.

How Can I Be Charged With DUI After the Fact?

Most people who get charged with DUI are pulled over and arrested for having a BAC of .08% or higher at the time of the incident.

However, there are a few circumstances where you can be charged with DUI even days after the fact even if the police did not see you driving under the influence.

1. Video, photographic, or audio evidence of you driving under the influence
2. Witnesses statements of you driving under the influence, for example if a person driving around you seems to think your driving erratically and calls it in to police and gives them a statement of the vehicle and the license plate
3. Drug or Alcohol evidence was in your vehicle like empty alcohol containers or drug paraphernalia.
4. Proof of damage caused by your driving under the influence. For example, if you hit something and left the scene for example.
5. Chemical evidence taken shortly after you arrived at your next destination. If you actually made it to your next destination and the police were following you or showed up and gave you a test within two hours of ending your drive, this can be used as evidence against you.

What Must the Prosecution Prove for DUI Charges?

Being charged with DUI and convicted are two very different things.

You can be charged with a DUI for having a BAC of .08% or higher. However, to be convicted the prosecution must prove that you were in operation of a vehicle on a roadway that the public has access to and that you, the driver:

• Were under the influence of alcohol or drugs at the time you were behind the wheel.
• Had a BAC of .08% at the time you were behind the wheel
• Had a BAC of .08% within two hours of ending your drive

The prosecution only has to prove one of the three elements to get a conviction for DUI.

Can I Be Arrested Days or Months Later for DUI Charges?

Although rare, it has been known to happen.

If you drive under the influence of alcohol or drugs and days or even months have passed you can still be charged with DUI.

This doesn’t happen very often as it is much harder to prove.

This usually happens when an accident has occurred and not just the driving under the influence.

The charges and penalties are the same regardless of when you are charged or arrested.

All DUI laws that apply to you getting arrested after being pulled over also apply if arrested and charged after the fact.

DUI Penalties in Nevada

Below is a list of the penalties you can expect depending on certain factors:

• 1st offense DUI: Misdemeanor with $400-$1000 fine, 185 days license revocation, 2 to 6 days in jail or 48 to 96 hours of community service. You will also need to attend a victim impact panel and DUI school. If you need to drive you will need to get an ignition interlock device installed in your vehicle.
• 2nd offense DUI: Misdemeanor with a $750-$1000 fine and a $350 civil penalty, 1 year license suspension, 10 days to 6 months in jail. You will also be required to submit to a drug/ alcohol evaluation, victim impact panel and DUI school.
• 3rd offense DUI: Felony with $2000-$5000 in fines with a $350 civil penalty. 1 to 6 years in Nevada state prison and a three year license suspension. You will have to attend a drug/ alcohol evaluation and a victim impact panel.
• DUI Resulting in Bodily Injury or Death: A category B felony with up to 20 years in Nevada State Prison and a fine of $2000-$5000, possible lifetime revocation of your driver’s license.

Note that these are all based on a 7 year period.

If you get another DUI after the first one after 7 years it’s like getting the first one again.

Defense to a DUI After the Fact

Proving DUI after the fact is difficult for the police and prosecution.

For the defense though, it is the same as if you had been pulled over.

The prosecution must still prove that you were driving and you were under the influence of drugs or alcohol at the time.

The first element that you were driving can be challenged by the fact that maybe you weren’t driving at all. You may have been sitting in the car but never drove or another passenger ended up driving the vehicle.

The second element is that you were under the influence by arguing that you were not under the influence while driving. This is where after the fact may come out in your favor.

You can’t be given a chemical test days after the fact so unless they have other evidence like video that can prove you were under the influence, this may be the reason the case gets dismissed.

These are just a few scenarios that could happen.

Each case is different and that’s why meeting with a lawyer is always a good idea when you are facing any DUI or DWI charges.

These charges may have blindsided you out of nowhere but you don’t have to get blindsided in court. You need an expert DUI lawyer on your side. With the right investigation and strategy, you can fight these charges and protect your rights.

The Defenders can get your DUI case after the fact reduced or dismissed altogether. Our attorneys have represented numerous clients facing these charges and we know how to build a strong defense for you.

Contact our office today!