Is It Possible To Be Arrested And Charged With DUI After The Crime Allegedly Occurred?

Posted on: 2 December 2015

It isn't uncommon for individuals who have been drinking and driving to assume they're safe from the law once they have arrived at their destination. While it is true that they were successfully able to dodge the flashing red and blue lights and bypass any DUI checkpoints, it is still possible to be arrested later for driving drunk. These types of arrests and charges are infrequent, but they can happen. Here's what you need to know about DUI charges that may crop up after accusations of a drunk driving incident:

Elements of a DUI Charge/Conviction

DUI laws vary from state to state, but the basic components of a drunk driving offense are pretty common across the country. First, officers will need to provide proof you were operating a motorized means of transportation, such as a car or motorcycle. Second, authorities will need to show you were actually drunk at the time of vehicle operation. As a general rule, these elements are harder for the prosecution to prove after the alleged crime took place, but it is possible.

For one, eye witnesses may have seen you behind the wheel of a vehicle. This is particularly true if you could have been driving recklessly or you were involved in an accident. If you went through a highway toll, bridge or traffic light, you may have been recorded by a video camera. An officer of the law doesn't physically have to "see" you in the act, which in this case would be actually driving the motor vehicle. Instead, authorities only need to be able to prove that you drove.

For two, police are required to provide sufficient proof to support their claims of the fact that you were indeed drunk. A field sobriety test can be administered at your house, your work or any other location where you may be. In many cases, officers can use the results to determine what your level of blood alcohol content was at the time when they are accusing you of operating a motor vehicle under in the influence.

Possible Defenses to These Types of DUI Accusations and Charges

Luckily, for you, this type of DUI case is harder for authorities to prove. You could argue you were not actually driving by showing that it was not your car that the eyewitnesses saw or that the videos captured. If it was your car, you could argue that someone else was actually behind the wheel and not you. As for the sobriety test and its results, you could argue that the test itself was erroneous. An alternative defense would be that you didn't start drinking and become intoxicated until later.

While, in a nutshell, this may seem extremely easy for you to handle on your own, it is better for you – and your future – to hire the assistance of a professional criminal attorney. They'll be able to handle your DUI defense (and the aforementioned potential arguments) more gracefully. To find out more, speak with someone like Rutter and Sleeth Law Offices.