Getting arrested for driving under the influence (DUI) can be an extremely stressful experience, especially when you’re charged months after the initial incident. If that’s happened to you, you’re probably questioning if you can be charged with a DUI months later.
While some drivers face immediate charges after a DUI arrest, others may not be charged for months or even years. The amount of time the prosecution can wait to press charges depends upon the kind of charge you face. A Los Angeles DUI lawyer can assess your situation and determine if you can be charged months after your arrest.
You Can Be Charged With a DUI Months Later
If you’ve heard the phrase “statute of limitations” before, you know it refers to the amount of time an individual has to pursue legal action. Prosecutors in the state of California are subject to a statute of limitations when it comes to DUI charges. According to Penal Code § 802(a), the following deadlines apply to DUI cases:
- One year to press charges for a misdemeanor DUI offense
- Three years to press charges for a felony DUI offense
The statute of limitations generally begins counting down from the time an offense is “discovered.” Often, the discovery of a DUI offense is an initial arrest. However, sometimes DUI offenses are discovered later, due to the delayed witness reports and surfacing of other forms of evidence.
Simply put, you can be charged for a DUI months later if your offense isn’t discovered right away. If this has happened to you, you’ll want to hire an experienced DUI defense lawyer. They can protect your rights throughout the legal process and fight to get your charges dropped.
Los Angeles Prosecutors Can Build a DUI Charge Over Time
Although prosecutors can indeed wait to file a DUI charge against you, you might wonder why they would hesitate before filing charges. In most cases, the prosecution waits because they are gathering evidence, such as blood alcohol content (BAC) test results and other pieces of information.
Police officers can administer BAC tests before or after your arrest. In most cases, they perform a breathalyzer test before an arrest. After you are arrested, they can also request that you perform a blood or urine test.
Note that you are legally required to complete any lawfully ordered tests after you are arrested. Refusal to comply with BAC testing can result in the immediate suspension of your license. You should also know that these tests could take time to return, especially if the lab is backed up.
It’s important to understand that a positive BAC test does not guarantee a conviction in Los Angeles. No matter how much evidence there is against you, a lawyer can work with you to dispute the results of the test and fight the charges you’re facing.
Don’t Wait to Get Help with the DMV Hearing Process
While you can be charged with a DUI months later, that doesn’t mean you should just ignore the offense. You should consider getting help from a lawyer right away, as the Department of Motor Vehicles (DMV) will automatically suspend your license 30 days after a DUI arrest if not properly contested.
Fortunately, you can take steps to prevent a suspension by requesting a DMV DUI hearing. You have 10 days after the date of your arrest to request this hearing. A DUI lawyer can help you request the hearing and prepare you for the legal proceedings ahead.
Having your license suspended during a DUI case can make your life incredibly difficult. Instead of letting the DMV automatically suspend your driving privileges, enlist the help of a skilled attorney and request a hearing. Doing so will ensure you have transportation to and from legal appointments and trial dates throughout your DUI case.
The Difference Between Misdemeanor and Felony DUI Offenses
As we mentioned, not all DUI charges are handled the same way in court. Most DUIs are considered misdemeanors. Misdemeanor charges can lead to jail time, fines, and restrictions on your driver’s license.
On the other hand, some DUIs are treated as felonies. Felonies are more serious legal offenses that could lead to time in prison. Generally, you only face felony charges for a DUI if:
- You have three or more prior misdemeanor DUI convictions in a 10-year period
- You have one or more prior felony DUI convictions in a 10-year period
- Someone was hurt or killed in a DUI accident
Understanding whether you’ve committed a misdemeanor or felony DUI offense can be helpful if your charges are delayed. That’s because the statute of limitations for prosecutors differs depending on whether you’re being accused of a misdemeanor or felony. A skilled Los Angeles DUI lawyer can review your case and determine the level of your offense.
How a Los Angeles DUI Lawyer Can Fight Your Charges
In addition to determining if you can be charged with a DUI months later, there are a handful of steps a DUI defense lawyer can take to help you with your case. Here’s what you can expect your attorney to do to fight your DUI charges:
- Investigate the incident you were arrested for and gather evidence for your case
- Review the arresting officer’s conduct and determine if they adhered to protocol
- Analyze breathalyzer and field sobriety tests for inaccuracies
- Interview witnesses and use their testimonies to strengthen your DUI defense strategy
- Seek to suppress unlawfully obtained evidence
- Negotiate with prosecutors for a plea deal
- Present convincing legal arguments at trial
- Fight to get your charges dropped or reduced
- Address any questions or concerns you have about your case
If an attorney takes the above-listed actions on your behalf, you’ll have an excellent chance of getting your charges lessened or dismissed completely.
How to Find the Right DUI Lawyer for Your Case
As you can see, there are a lot of steps your attorney must take other than determining if you can be charged with a DUI months later. Therefore, you’ll want to make sure you hire a lawyer who has what it takes to handle every aspect of your case. Make sure you ask potential representatives the following questions to find out if they’re the right choice for your case:
- How many years have you handled DUI cases?
- What is your rate of success with cases like mine?
- Can you show me testimonials from your previous clients?
- How often will we communicate about my case?
- What kind of defense strategies can you use to combat my charges?
- Can you give a rough estimate of how long my case will take to be resolved?
- Has your firm received any awards or recognitions?
If a lawyer provides positive answers to these questions, there’s a good chance they’ll be able to handle your case with skill and attention to detail. Finding the right lawyer is important, as any legal mistakes could result in serious fines and other unwanted penalties. With a seasoned attorney by your side, you’ll have all the resources you need to get a favorable verdict.
Find Out if You Can Be Charged with a DUI Months Later
Now that you know you can be charged with a DUI months later, it’s time to get the legal advice and counsel you need to navigate your case. An experienced lawyer can investigate your case, build a compelling defense, and represent you during the legal proceedings you’re facing.
Contact a Los Angeles DUI lawyer today to schedule a free consultation and learn more about your rights and legal options after a DUI arrest. We’ll meet with you to discuss the legal process and answer any questions you have about your charges. We look forward to hearing from you soon.