Can I Later Be Charged With DUI?

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Can I Later Be Charged With DUI?

It’s not uncommon for people to have a drink or two, drive home assuming their blood alcohol concentration (BAC) is below the legal limit (which is .08%) and get into a car accident. Sometimes the drinking has something to do with the crash, sometimes the drinking has nothing to do with it.

What if “Jack” was in a non-injury car accident in Orange County, and he had a couple of drinks before the crash? The police were called to the scene and the cops asked Jack and the other driver if anyone was hurt.

Jack and the other driver both said, “No,” and they exchanged their driver’s license, registration, and insurance information. The police officer didn’t notice any odor of alcohol on Jack’s breath, and the officer didn’t give Jack any type of field sobriety test, nor did he ask Jack to take a breathalyzer.

Still a bit nervous because he was drinking, Jack is now wondering, “Can the police come back and charge me with DUI if they see the surveillance video footage from the bar that I was drinking at?”

Jack was in a car accident in Orange County, and he’s pretty sure that he was over the legal limit, but the officer didn’t seem to notice. The officer also did not file a police report. Nevertheless, Jack is still nervous that the police will come back and charge him with DUI after the fact.

Is there any real evidence?

While Jack certainly made a mistake drinking and driving, in his case there is no real evidence. If the officer didn’t ask Jack to perform any field sobriety tests, have him blow into a breathalyzer, or take a sample of his blood, he’s in the clear.

Even if there’s video surveillance footage of Jack drinking at a bar an hour before the accident, it’s just not enough. Since Jack was not investigated for DUI at the time of the traffic stop and since there was no chemical test done, it would be nearly impossible for law enforcement to prove their case.

Jack basically dodged a bullet, and hopefully he learned a lesson. Jack does however, need to make sure that he reports the accident to his auto insurance company.

Were you in a DUI accident with our without injuries? If so, contact the Law Offices of Virginia L. Landry, Inc. for a hard-hitting defense!

Categories: DUI, DUI Advice
  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

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Law Offices of Virginia L. Landry, Inc. - Orange County DUI Attorney
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