Can I be charged with a DUI five days after it happened?

Question

If I was involved in a car accident and no property damage was done except to my own vehicle and I was in the passenger's seat when police arrived and no sobriety tests were given and was not arrested, can an officer ask to interview you five days later? Can you be charged with a DUI after five days? No arrest was made at the time. Can you still be charged with a DUI?

Jonathan Baner · Answer

They have at least a year to bring charges.

Daniel Kieth Martin · Answer

If I have said this once, I have said it a million times.  Anyone can be charged with anything at any time.  That does not mean that the prosecutor will be able to prove it. The best advice I can give you is do not speak with the officers without an attorney present

Michael Nichols · Answer

Yes.

Todd Landgren · Answer

Yes.

Timothy Klisz · Answer

Yes. Especially if they can extract admissions from you. Speak to no one except your own hired attorney.

Jeffery Cojocar · Answer

Yes.

Jeff Yeh · Answer

Yes you can, especially if you are dumb enough to agree to the interview.

Michael Palumbo · Answer

Yes to all. But you do not have to speak to the police.

Jules N. Fiani · Answer

Yes.

Ernest Biando · Answer

Yes but the issue is can they prove it?

Leonard Harden · Answer

Yes.  There may be good defenses, you should politely decline to make any statement.  Do not say anything.

Jacob P. Sartz · Answer

My first advice would be to obtain an attorney to assist you with this  matter. This response does not contain specific legal advice. If you need specific legal advice for your own circumstances, I  recommend consulting with an attorney experienced with these types of  matters. Most attorneys provide free initial consultations.  Simply because a person is charged does that mean that they will be found guilty. Anyone charged is presumed innocent until proven guilty. The prosecutor must prove any allegations beyond a reasonable doubt. Sometimes, investigations take weeks or months prior to charges being issued.  Speaking generally, what a  person says and does during an investigation can and will be used  against them if they are ultimately charged with a criminal offense.  Cooperating with law-enforcement carries certain inherent risks. People  have a Constitutional right to remain silent and will never be forced by the police to incriminate themselves. However, people may think that  cooperating will get them a better deal or that law-enforcement will  believe them instead of the other party. It doesn't usually work that  way. If anyone is suspected of a crime, I would never recommend  cooperating with a police investigation or interrogation unless they  have an opportunity to consult privately with council, and preferably,  have council available during any conversations with the police. Miranda Rights are a big deal, and anyone confronting a custodial interrogation should strongly consider exercising those rights.

James Schoenberger · Answer

Yea law enforcement can ask to interview you  and you can be charged without sobriety tests ... but this must be based on the officer's observations and can be difficult to prove.

Craig Elhart · Answer

The investigation can continue after the accident.  If the results of the investigation show probable cause that a crime was committed, you could be charged at a later date.  Five days is not an unreasonable time and well within the six year statute of limitations.

Stephen Freeborn · Answer

Absolutely. Often times DUI cases are charged after a period of investigation.  Consult with an attorney

Steven D. Dunnings · Answer

Yes. Do not answer any questions. This is the time when you exercise your right to remain silent.

Robert Sisson · Answer

You certainly can be charged but with the help of a good attorney familiar with this type of law, you should easily get off.

Jared Austin · Answer

You make it sound like you were driving the car but then state you were in the passenger's seat. That's confusing. If the car is yours and you were there at the time the accident occurred, you are not going to be able to fool the police by sitting in the passenger's side and making them think you weren't driving if that is what you were trying to do. But to answer your question, police can ask to speak to anybody at anytime. You have a right to refuse to talk to them, but they can always ask. As long as they bring charges against you within the statute of limitations (six years for DUIs) it will be valid. Strongly consider speaking with a DUI lawyer before answering any questions and especially if you get charged.

Kenneth Hallum · Answer

Prosecutors can charge almost anything. However, in your case there appears to be a lack of evidence of intoxication, a blood test or breath test. Absent such evidence it will difficult to prove DUI. If it is charged, consult a DUI attorney. Any interview after the fact should be avoided, as there is no accident (lack of damage to another) to investigate.

Eric Sterkenburg · Answer

You may be charged with a DUI if the police have evidence to support that charge. The police have up to a year for a misdemeanor to conduct the investigation and decide if to send to the D.A. Part of this investigation can be a formal interview with you. You do not have to talk at the interview and if you are not arrested you can leave at any time. The police may misrepresent facts to you to get you to incriminate yourself. It is always smart to take your attorney with you when talking to the police. Possible evidence that could be against you would be the observations of the officer that responded to the accident.

Cynthia Henley · Answer

DUI is driving under the influence - which requires that you be driving. Since you were not driving, you cannot be charged with DUI (or DWI).

Jared Altman · Answer

Yes, yes and yes. They charge you up to two years after the incident.

Maureen Baldwin · Answer

The district attorney makes the decision to charge criminal cases in most CA counties. Generally DUI investigations occur on the spot, especially since alcohol will not stay with you for more than a few hours so it is pointless to investigate. If the officer is investigating for some reason on the belief that you were the driver, he still has no blood/breath tests to show your blood alcohol content at the time. You can also refuse to talk to the police if they are questioning you about a potential criminal case. They do not have to tell you that unless you are in custody.

Kevin O'Grady · Answer

You need not be charged at the time of the incident.   Since the state used time after the accident to investigate, you should hire an attorney now so that you too can mount an effective investigation to fight the charge.

Joseph Dane · Answer

Without proof of what your blood alcohol level was at the time of driving, a DUI filing seems almost impossible.  Unless there's something missing (witnesses that can testify to the exact amount of alcohol you consumed, proof of intoxication, etc), they'd have a hard time proving this case.  Having said that, don't help them build a case against you.  You can respectfully, but firmly, decline to answer any further questions.  Anything you say can only hurt you at this point.

Thomas Mueller · Answer

It is possible for the D.A. to charge you 5 days later. They have a year to  file. However it appears they don't have enough evidence to do it. That is  probably why they want to talk to you. You should decline the invitation, hire a  good lawyer and wait it out.

Mark R. Thiessen · Answer

Yes, but they usually do that when they got your blood at a hospital.  There is a 2 year statute of limitations.   Your charge is unusual, so hire an attorney and fight it!

Jason Savela · Answer

They can ask questions and they might even have enough to arrest, if you are silly enough to answer the questions.    Tell them you refuse to make any statements without a lawyer.  Then, say nothing more.

Elizabeth Zwiebel · Answer

It depends on the circumstances of the case and the evidence they have against you.  An investigator or officer can ask to speak with you at any time.  They can bring charges against you for up to one year from the date of the accident, typically.  The best advice I have is to hire an attorney to protect your rights and do not give any interviews with investigators or police officers without your attorney present.

Gary Moore · Answer

You can be charged, but proving dui is very difficult without the field sobriety test and breath test on the date of the stop.

Edward Blum · Answer

Can I be charged with a DUI five days after it happened?  Yes. You can be charged with DUI up to a year after it happens.  Can an officer ask to interview you five days later?   He can ask.  You should decline to participate. Can you be charged with a DUI after five days? No arrest was made at the time. Can you still be charged with a DUI?   Yes, but if they do not have any evidence that you drove or that you were drinking prior to the accident it is unlikely that they will (1) charge you and/or (2) not drop charges as soon as you fight it.

Matthew McHenry · Answer

DO NOT interview with the officer unless and until you have retained an attorney, and that attorney advises you to do so.  The answer to your initial question is: yes, if there are grounds, you can be charged for a DUII up to 2 years after the incident (the statute of limitations is 2 years).  If the evidence at the scene was as you say, it is likely the officer wants to interview you to gather evidence of intoxication.  You are under no obligation to meet with the officer, and if you do, it is not likely that the interview will help your situation.

Theodore W. Robinson · Answer

Its possible, but not very likely. If they didn't have any breathor blood  test, they'll be hard pressed to explain why they never charged you at the time  if you appeared to be intoxicated, but it could happen and then you'd have to  defend yourself.  The fact that you were in the passenger seat is unimportant because you werein  the vehicle and could have moved into the passenger seat after the accident.  The fact that onlyyour car was damageddoesn't mean anything either.  The statute of limitations on a Misdemeanor is 2 years. They can charge you  anytime within that period so five days doesn't matter much.   If they find a civilian witness, thatcould help them prove their case, they can  charge youany time up totwo years after the incident. However, on the other  side of things, its not likely either. Hire avery good lawyer if you do get  charged.

Jonathan Dichter · Answer

When talking about a DUI - the prosecutor's office has two years from the date of the incident to file charges against you. If you're concerned about it - you should contact an attorney.

Michael J. Breczinski · Answer

Yes you could be charged 5 days later. Did you talk to the police later? Did you admit driving? The only reason that the police would want to talk to you is to get a confession.

Robert English · Answer

They can certainly investigate the case later and charge you if they feel there is enough evidence. It might hurt their investigation but they can still bring prosecution.

Samuel H. Harrison · Answer

You can be charged for just anything as long as the accusation is filed within the statute of limitations (2 years for a misdemeanor in Georgia), but the facts you set out make for a very weak case for the state. You should consult counsel as soon as possible.

Harley Gutin · Answer

Yes. You can be charge within the statute of limitations which depending on the charge being a misdemeanor or third degree felony runs from two years to less then five years.

Eric Chandler · Answer

Yes, you can still be charged although it may be more difficult for the prosecution to prove.

Justin Olsinski · Answer

Judging from your question, you probably are charged already.  So that answer is yes.  It is not too difficult for the police to charge someone with a crime, the real question is can they convict you of the crime.  Based on what you have said, there will be some major issues in the state's case. You should consult a local attorney to help you through the process.

Edward Kroll · Answer

The police can ask to interview you at any time.  If they feel there is sufficient evidence to charge you with DUI, they can do so.  Whether the state could actually prove your guilt beyond a reasonable doubt is something else entirely.  But why even talk to the police?  You don't have to.  What you should do is talk to a lawyer and not answer any police questions without a lawyer.  The police can try to make it sound like it's "bad" if you don't talk to them but it's not.  It's smart.  You have a constitutional right not to talk to them.  I'm not saying be rude to them.  Be polite but firm. Contact a lawyer as soon as possible.  You may need legal help and waiting until you're charged is not ideal.

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