How Long After an Accident Could I Still Be Charged with a DUI?

Driving under the influence of alcohol or drugs is a serious offense that can lead to criminal charges, especially if an accident is involved. In Ohio, the laws specify time limits for how long after an accident you could potentially face DUI charges. Understanding these laws is crucial if you are ever involved in an incident after drinking.

Drunk Driving in the U.S. and Ohio

Drunk driving remains a major problem across the United States. Between 2012 and 2021, there were nearly 11,000 fatalities every year involving at least one driver with a blood alcohol concentration (BAC) of 0.08% or higher. This amounts to 37 alcohol-related driving deaths every day. Ohio’s rate of alcohol-related crash deaths is on par with the national rate. There are around 1,000 fatal car crashes every year in Ohio, where drunk driving is one of the leading causes.

Clearly, drunk driving continues to put lives at risk in communities across Ohio and the rest of the country. Understanding DUI laws, especially after an accident occurs, is critical for all drivers. it is wise to contact an experienced Dayton DUI attorney for advice as soon as possible after an accident in Ohio.

Time Limits for Potential DUI Charges After an Accident

In Ohio, the statute of limitations gives a time frame for how long after an incident someone can be criminally charged. For a misdemeanor DUI offense, the statute of limitations is 2 years. For a felony DUI charge, the time limit extends to 6 years.

However, just because the statute of limitations allows charges to be filed during those time periods does not mean prosecutors necessarily will do so. Most DUI charges related to an accident are filed much sooner, usually within hours or days after the incident occurs.

There are three main scenarios that impact time limits:

Hit and Run Accidents

If you leave the scene after an accident without exchanging information or reporting it, the timeframe for potential DUI charges expands. Prosecutors can file hit-and-run related DUI charges within 6 years for a misdemeanor offense or 20 years for a felony offense. So, leaving the scene can greatly lengthen the time you could be charged after the fact.

Injury or Death

If the accident caused an injury or death, the severity of the incident also extends the clock. Prosecutors have 6 years for a misdemeanor DUI or 20 years for a felony DUI if someone was hurt or killed. Again, the more serious the outcome, the longer law enforcement has to investigate and file appropriate charges.

Discovery of Evidence

The timeframe can also be delayed if new evidence is discovered later connecting a driver to a DUI-related accident. For example, if blood test results are not available right away but eventually confirm intoxication, charges can still be filed long after the statute of limitations would normally expire.

In any of these situations, an attorney can help build the strongest case on your behalf.

While DUI charges are usually filed quickly after an incident, Ohio laws allow for extended time periods depending on the severity and circumstances of the accident. Consult an attorney immediately so you fully understand your rights and can build the strongest defense. The sooner you take action after an accident, the better.

Joanie Moretti, California Business Journal