Although it is difficult to prove, you can be charged with a DUI charge after the fact. In most cases, people are arrested for driving under the influence when they are caught in the act or while operating a vehicle.
But this is not always the case as there might be some circumstantial evidence that might see the light that could lead to a conviction after the fact. Here are some facts about drunk driving in some states around America that might shock you.
So how long after an incident can one be charged?
Some states take DUI very seriously and they have very little tolerance for people who are found guilty while driving under the influence. These states can prosecute drivers a full year after an incident or a misdemeanor DUI offense.
They can even charge you with a felony up to three years after the original crime. What this means for someone who was involved in an incident while under the influence is that they can get charged after the fact. There just has to be enough evidence that points toward a felony offense.
What do the legal repercussions look like?
It does not matter how long after an incident you were prosecuted, the penalties for a DUI remains the same. According to a Kansas City DUI lawyer, there are a couple of things that one can expect when charged with driving under the influence, or driving while intoxicated. Still, things look slightly different when it comes to being charged after the fact.
Although the convictions look the same, how one is convicted is where the difference comes in. Depending on the number of the offense, the age of the driver, and the severity of the accident, if there is one, the driver can look at anything from a steep $2000 fine to jail time.
What are the special circumstances that can lead to a conviction?
According to a Lakeland personal injury attorney, while most DUI charges are subject to a blood alcohol content (BAC) test or a field sobriety test (FST), these tests cannot be used to convict a person of after the fact.
A BAC and FST have to happen at the scene as it is dependent on the person’s state of being at the scene. Instead, being charged after the fact requires the witness testimony of others.
Someone had to have seen you drinking before getting into the car. When there is video or visual evidence to support the testimony, the case against the person under question becomes that much stronger.
What to do when being charged after the fact
The experts say that legal representation is the most important step to take when being charged after the fact. This means that nothing that happened on the day of the incident should be discussed with the police or the prosecutors, as it can be used against you.
Together with contacting a professional in the field, staying away from social media is just as important as it can secure a conviction against you if the opposition knows what they are doing.
The ultimate defense with an after the fact charge
Seeing that your conviction is based on the testimony of someone else, it also opens the door for false testimony. The lawyer that you hire to represent you can catch wind of any foul play, but more importantly, they will also be able to get the witness to admit to the false testimony by cross-examining them and poking holes in their testimony.