Can You Be Arrested for DUI the Day After an Accident?
Picture this: You had a few drinks in downtown Allentown. You only have a short drive to get home and you feel fine. Suddenly, you bump into someone’s car.
The police arrive and talk to you. Then they do some paperwork, and take you to the DUI Center, where you feel confused and not sure what to do, but when they ask you to give you blood, you feel like you have to consent so you do. They let you go a couple of hours after that. And now you’re sitting there wondering if you’re going to be charged or how long it will take for the paperwork to come.
So how long do the police have? In Pennsylvania, 2 years. The statute of limitations is 2 years so they can file charges up to 2 years after the incident. But, how long do they usually take? If there wasn’t an accident, most police departments in Lehigh and Northampton County will take about 2 weeks. If there was an accident, they might a little longer.
However, if there was a very bad accident, they will take even longer, since they will need to do accident reconstruction and get all their ducks in a row before filing charges. Alternatively, they can file a low-level charge immediately and then continue investigating and file additional charges after they complete their investigation.
An Immediate Arrest on the Spot of An Accident
Normally, police are going to arrest you for DUI at the place of the incident. They won’t let you drive away usually, and, if they intend to try and have your blood drawn, they need to do that ASAP, which means they need to arrest you on suspicion of DUI and transport you for a blood draw.
The longer the amount of time passes between when the police believe you were behind the wheel, and when you were driving, the better your chances of challenging the case. If your blood is drawn within 2 hours of driving, it is presumptively valid and difficult to challenge in court. If the blood was drawn beyond 2 hours, it can still be valid but is easier for you to challenge.
The reason for this is that chemical testing, like breathalyzers and blood tests, can only inform the police of your current level of intoxication. These tests can’t tell police if you were intoxicated hours or days ago. They might be able to make an educated guess, but it won’t hold up well in court.
Therefore, if you have an accident, and the police suspect you are under the influence, they will nearly always make the arrest there to have you transported for a potential draw of your blood.
What Can I be charged with if I had an accident?
There are several different charges available to police if you have had an accident and are suspected of being under the influence. They include:
- Driving under the influence (DUI)
- Recklessly endangering another person
- Accidents involving damage to vehicle/property
- Homicide by vehicle/DUI
- Aggravated assault by vehicle/DUI
The law is quite complex on these criminal charges. In addition, if you have been in an accident, insurance companies are likely involved, and potential civil lawsuits arise. The overlap between the criminal side and civil side can be very complicated. If you have a DUI-related accident, you should get an attorney involved right away.
What to Do If You Are Charged with a DUI Case
- Don’t lose your temper. Stay calm.
- Don’t accept that you were at fault.
- Don’t expand or provide all the details.
- Don’t allow the officers to search your car.
- Don’t undergo a breathalyzer test if you haven’t been arrested.
- Ask if you can leave. If they don’t let you go, wait until you can call an attorney and use your right to remain silent while with the police.
The point is here to deny the police any help that could be used to frame a DUI case against you. So try to remain quiet and avoid providing all the details.
If you are confused, make sure to call a DUI attorney. They can evaluate your DUI case and ensure astute legal help. They also know how to represent your case effectively to get your DUI charge dropped.
About the Author kathryn Roberts
