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DUI After the Fact: What Indianans Need to Know

The average motorist may assume that if a law enforcement officer does not issue a citation for driving under the influence (DUI) at the scene of a stop, the motorist is free and clear. The truth is, you can face a charge of operating a vehicle while intoxicated (Indiana’s version of a DUI) after the fact.

Circumstances Where You May Face a DUI After the Fact

A law enforcement officer will typically put a motorist through the DUI ringer during a traffic stop. Reasonable suspicion of impairment may lead to a field sobriety test and a breathalyzer test. Then, the law enforcement official will judge whether or not to charge the motorist with OWI.

There are many cases where a DUI charge can arise under less typical circumstances, including after or in lieu of a traffic stop. Examples of such circumstances include:

  • Video or photographs emerge of a motorist drinking alcohol (or appearing intoxicated) while operating a vehicle
  • There is a traffic accident in which the chaos of the scene prevents law enforcement officials from conducting typical DUI procedures
  • There is an accident where the driver left the scene, and investigators have reason to believe the fleeing driver was impaired
  • Social media posts or other evidence suggests someone was operating a vehicle while impaired

While these and other circumstances of after-the-fact DUIs are comparatively rare, they do occur and should be taken seriously.

Defenses Against an OWI After the Fact

Potential defenses against an after-the-fact DUI charge include:

  • There is a lack of concrete, verifiable evidence that the motorist was impaired while driving
  • There are questions about the authenticity of photographs or videos portraying someone drinking while driving
  • Videos, photographs, or statements indicating someone was driving while intoxicated are satirical

Your defense will depend on the unique details of your case.

The Penalties for OWI in Indiana Mirror Those of a Traditional DUI

The legal procedures and penalties for DUI after the fact mirror those of a traditional DUI. Such penalties could include jail time, prison time, revocation of your license, probation, and other severe sanctions.

Never assume that an after-the-fact OWI charge will be dismissed. Retain capable legal advisors to fight the charge and help you avoid a costly conviction.

Let Razumich & Associates Defend You from a Life-Changing DUI Charge

Retain attorneys with a proven track record of defending clients from DUI charges. Call Razumich & Associates today at 317-449-8661 or contact us online to discuss how we will fight to spare you from unjust legal penalties.

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