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Weinstein Legal personal injury law firm Fort Lauderdale

How Can I Be Charged with a DUI Days Later in South Florida?

 
02/16/2021
Weinstein Legal
Read Time: 6 Minutes

Can you be charged with a DUI days later in the state of Florida? After law enforcement pulls you over and allows you to go home, how can you be charged with a DUI? What if you haven't been pulled over at all? This is a common question that we hear from individuals in Florida, as the state has unique laws when it comes to driving under the influence (DUI). There is a variety of evidence that police may collect to prove you previously drove under the influence, and the courts may determine that it is enough to charge you with a DUI. In the state of Florida, you have ten days from the date you receive charges to file a petition for a hearing to retain your driving privileges following a DUI arrest. For this reason, it is imperative that you contact an experienced DUI defense attorney as soon as possible.

Attorney Matt Shafran is a Partner and Head of the Criminal Defense Division at Weinstein Legal, with years of experience defending DUI cases in a court of law. DUI defense lawyer Mr. Shafran knows precisely what evidence to look for to argue for a reduction in charges or a complete dismissal of your case. Remember, you never have to answer the questions of law enforcement or investigators without a lawyer present to represent you. If you are facing DUI charges in South Florida, contact Weinstein Legal today for a free case evaluation and ask for defense attorney Matt Shafran. Call 954-845-0505 now.

Evidence That May Prove You Drove While Intoxicated

Many individuals assume that police must make an arrest for driving under the influence at the precise time of the traffic stop, however, this is not the case. In fact, police may arrive at your home several days later to charge you without ever stopping you while driving in the first place. In today's digital age, there is lots of digital and audio surveillance everywhere we go. Additionally, eyewitness testimony and reports may implicate you in an event of drunk driving.

Evidence that may lead to a DUI arrest days after the incident includes:

  • Witness testimony to police that you drove under the influence of alcohol
  • Surveillance footage of you operating a motor vehicle while you appear to be under the influence
  • Evidence of property damage or an accident that may have occurred as a result of drunk driving
  • Chemical evidence, such as blood work, that comes back days later and shows you were intoxicated at the time of your arrest

While much of this evidence may be circumstantial, the prosecutor's office may still decide to pursue charges against you, particularly if there is an accident involved in the case. For example, a security camera may catch you getting into your car while drinking a beer and driving away from a scene. Someone may review that footage the next day, or even a few days later, and alert police. They may be able to track you down based on your license plate, arrest you for a DUI, and present the video footage in court in an attempt to prove you were driving under the influence.

Or, police may stop and detain you while you are driving and suspect that you are under the influence of alcohol. Perhaps they take you to a local hospital for observation, where the doctors draw your blood for testing. The results may not come back right away, and police may not charge you with a DUI while you are at the hospital. However, your blood alcohol test results may come back the next morning at which point police determine they now have sufficient evidence for corroborating a DUI charge.

Can you be charged with a DUI days later? Unfortunately, the answer is that yes, you can. However, having the help of an experienced attorney can significantly help your case.

Florida Legislature for DUI Charges and Convictions

Driving under the influence (DUI) charges in Florida are covered under Florida Legislature Chapter 316, Title XXIII of the state legislature. The law states that if you operate a motor vehicle while under the influence of alcohol or any other chemical that impairs your judgment you are subject to penalty upon conviction. Your blood-alcohol or breath-alcohol level must be 0.08 grams of alcohol per milliliter or higher.

Penalties include a wide variety of consequences, including fines that range between $500 and $1,000 for a first conviction and imprisonment of up to six months. For each subsequent DUI conviction you receive, the potential consequences will be more severe. Additionally, you face the possibility of losing your driver's license for a specified period of time as well as the potential to be court-ordered to attend an alcohol or drug rehabilitation program, the need to complete community service, or a safe driver's class, and more.

A DUI conviction is a criminal matter and therefore will appear on a background check. This means that future potential employers and landlords will be able to see your arrest and may deny you a job or housing as a result. Do not allow this to happen to you–contact a DUI defense lawyer who can help with your case today.

How a Florida DUI Conviction Affects Your Driving Privileges

If a court convicts you of driving under the influence in the state of Florida, it is likely that you will lose your driver's license for a set amount of time. A judge may order you to pay all court fines and any owed restitution and complete a safe driving class before you are eligible to reinstate your license. However, losing your license can have a significant negative impact on your life. It is likely that you depend on your car to get to work or school, to take care of your children, and to maintain daily obligations such as getting to doctors' appointments and going food shopping.

Losing your license may make life very difficult for you. If you are facing a DUI charge, it is essential that you act immediately. In the state of Florida, there is a 10-day rule that allows you to file a petition with the courts to protect your driving privileges.

The 10-Day Rule for DUI Arrests in Florida

The 10-day rule states that first-time DUI offenders in the state of Florida have ten days from the time of arrest to request a court hearing. At this hearing, you may challenge the fact of whether law enforcement had probable cause for the traffic stop as well as if they have enough evidence to convict you for a DUI. At this hearing, you can also apply for a "hardship license" which will allow you to drive to and from work. This can help you retain employment even when facing a DUI.

How a Defense Attorney Can Help

We often receive the question "can you be charged with a DUI days later?" from clients who are surprised to find themselves facing charges. It is possible for law enforcement to charge you with a DUI after the fact, and since you only have 10 days to act to protect your driving privileges in the state of Florida it is essential that you hire defense representation immediately.

If you are in need of a criminal defense attorney in South Florida, defense attorney Matt Shafran is standing by ready to fight your case. Mr. Shafran will stop at nothing to protect your rights, prove your innocence, and help you retain driving privileges following a DUI arrest in South Florida. For a free case evaluation, contact Weinstein Legal today at 954-845-0505.

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