In the world of
DUI, sometimes it seems like anything is possible. To illustrate, people
have been contacted by the police days after an alleged drunk driving incident
as a part of a DUI investigation. Sounds odd, but it is
possible and it has happened in Orange County before.
For example, let’s say that one Friday night “Mike” was
drinking at a house party. There are 20 witnesses who will readily say
that they saw Mike down several beers and five or six shots of Fireball.
After a night of binge drinking, Mike grabbed his keys and drove the five
miles back to his house.
Mike made a mistake, but thankfully he made it back safely.
Little does Mike know, but one of the partygoers back at the house that
evening didn’t like Mike, and in spite, he decided to call the cops
a few days later and report Mike’s drunk driving. The next thing
Mike knows, he receives a call from the police.
The police tell Mike that he is under investigation for driving under the
influence and now they are requesting an interview. What should Mike do
in this situation?
What a DUI Suspect Should Do in This Situation
First off, Mike, or anyone else in this situation should NOT go into an
interview without a
DUI defense attorney, period.
Although the above situation is rare, law enforcement does have a one year
statute of limitations to prosecute someone for a misdemeanor DUI. So, the cops
can investigate someone for DUI after the fact, especially if there were witnesses
and someone took a video of the incident on their cellphone.
Under California law, the police are within their rights to investigate
a DUI and possibly arrest a suspect, even days after the fact, however,
they must be able to prove that the suspect was driving under the influence,
and that can be difficult to do.
If you are being called in for questioning about an alleged DUI incident
that was reported, know that you are under no obligation to answer the
officers’ questions in an interview. But, you can’t ignore
the ongoing investigation either.
You do want to contact an experienced DUI attorney in the county where
the alleged offense took place before you speak with law enforcement.
It would be a grave error on your part to chat with the police, no matter
how casual, about a crime that they believe you committed.
You need to act fast to have an attorney speak to the investigator on your
behalf. The reason the police are asking you for an interview is because
they do not have sufficient evidence to prosecute.
Rather than risking saying or doing the wrong thing, have an experienced
attorney handle the police on your behalf – let the professional
head them off at the pass.
In the face of a DUI investigation,
contact the Law Offices of Virginia L. Landry, Inc. for
aggressive representation from Orange County’s one and only