Can I Get a Delayed DUI Charge?

Were you recently pulled over or arrested on suspicion of driving under the influence (DUI) of alcohol or drugs in Las Vegas? If so, you might have been released from custody without DUI charges and left waiting for the other shoe to drop. In such situations, it’s natural to wonder whether you’re truly off the hook or might get hit with a delayed DUI charge shortly.

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In many cases, people who get arrested for DUI will face charges soon after their arrest and booking. This is because police typically conduct breath or blood tests soon after arrest to obtain forensic evidence of intoxication. However, in other cases, prosecutors might delay filing charges for days or weeks after a driver’s arrest and release from police custody.

A delayed DUI charge can come as a severe shock if you assume that you will not face any criminal penalties once released from police custody. If you were arrested for DUI in Nevada, the best way to protect your legal rights is to speak with a criminal defense attorney as soon as possible. Even if prosecutors did not file DUI charges immediately after your arrest, you could face delayed DUI charges, so effective legal representation is essential.

Legal Bases for Delayed DUI Charges

Under Nevada law, prosecutors typically have up to one year to file charges after a motorist gets arrested on suspicion of DUI. This means prosecutors do not have to file charges immediately following an arrest. Instead, the law gives the prosecution time to investigate a suspected criminal offense and obtain evidence to build a case supporting a conviction.

Prosecutors sometimes wait to file DUI charges if they need more evidence to prove guilt beyond a reasonable doubt. For example, laboratory delays could require prosecutors to wait for the chemical testing results of a driver’s blood or urine samples. Investigators might also continue to gather evidence, including circumstantial evidence like surveillance footage, eyewitness testimony, and bar or restaurant receipts, to build a compelling DUI case.

Factors Influencing Delayed DUI Charges

Different circumstances and factors can influence a prosecutor’s decision to file delayed DUI charges:

  • The quality of field sobriety or chemical testing
  • Delays in obtaining the results of chemical testing
  • The need to retest blood or urine samples
  • The need for further investigation to uncover additional evidence
  • Issues with witness reliability or credibility

Jurisdictional Differences

Each state has different rules for how police process DUI arrestees, including breath, blood, or urine testing protocols. Furthermore, each state has different time limits for filing DUI charges and laws determining what prosecutors must prove to secure a conviction.

Every state has a per se DUI law that prohibits driving with a blood alcohol content (BAC) of 0.08 for most motorists (commercial drivers and drivers under 21 typically have lower legal limits). However, many states also outlaw operating motor vehicles while intoxicated by alcohol or drugs to the extent that the driver is incapable of operating a motor vehicle safely. This means that, in many states, a driver can face DUI charges regardless of the amount of alcohol or drugs in their system.

Legal Defenses to Delayed DUI Charges

Drivers who face delayed DUI charges can employ various factual and legal defenses to contest their charges. Common defense strategies in delayed DUI charge cases include:

  • Challenging the Legality of a Traffic Stop: A defendant’s lawyer could move to exclude all evidence in a DUI case by arguing that police lacked reasonable suspicion to initiate a traffic stop. Alternatively, in cases involving DUI checkpoints, the defense could argue that police failed to implement objective protocols for selecting vehicles at the checkpoint.
  • Challenging Reliability of Field Sobriety Test Results: If a defendant submitted to field sobriety testing, their attorney could seek to exclude the officer’s testimony regarding test results by challenging the reliability of the tests. For instance, a defense lawyer could show that officers failed to follow proper testing protocols or that the defendant suffered from underlying medical conditions that interfered with their performance.
  • Challenging Probable Cause for the Arrest: A defense lawyer might argue that police lacked probable cause for an arrest. For example, they could show that officers had unreliable field sobriety test results and lacked other evidence of intoxication, such as visual signs of inebriation or erratic driving behavior.
  • Challenging Reliability of Chemical Test Results: Criminal defense attorneys can seek to exclude chemical test results in DUI cases by asserting that officers failed to follow testing protocols. For instance, the defense could argue that law enforcement did not verify the calibration of testing equipment or comply with the two-hour rule. They could also contest the reliability of results due to issues with testing equipment or the chain of custody for blood or urine samples.
  • Violations of Legal Rights: A defense lawyer could fight a DUI charge by arguing that police violated the defendant’s constitutional or civil rights following arrest. For example, the attorney could show that police failed to give implied consent warnings before requesting chemical testing or failed to give Miranda warnings before questioning the defendant.

Understanding the Two-Hour Rule

In Nevada, the two-hour rule requires police to obtain a breath or blood sample from a driver suspected of alcohol intoxication within two hours of the driver operating a vehicle. Under the two-hour rule, the law presumes that the result of a chemical test from within the two-hour window will reflect the driver’s BAC while they were operating their vehicle. After this two-hour window, the test results of any BAC samples might not be admissible in court as direct evidence of the driver’s BAC while driving.

The two-hour rule thus ensures the reliability of chemical test results in DUI cases. If police obtain a chemical test sample outside the two-hour window, the driver’s attorney could contest the reliability or admissibility of those test results in a subsequent DUI prosecution.

Contact a DUI Defense Attorney Today

A DUI charge can be life-altering and expensive. Trust the De Castroverde Law Group team to fight for your rights regarding a DUI charge. We have the experience and skill to provide you with the best defense possible. Contact us 24 hours a day, seven days a week by phone at 702-222-9999, or use our secure online messaging system. A team member would be happy to answer any questions or get you set up with a free case evaluation.