Can you be arrested upon suspicion for DUI the next morning?

Posted by on . 4 comments.

I'm a writer, so this is for a fiction piece, but it needs to be legitimate with the reality of law. Let's say you're driving one night drunk and you run a car off the road. The next morning you drive by the crash site and a cop matches the description with your car. Can he come after you and pull you over based on the suspicion? Can he arrest you for a DUI from the night before?


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  1. jamesbergen50 says:
    July 21, 2010 at 9:01 am

    I only know of one case were this has happened. The man could not explain how he got 200 foot of transmission line caught under his truck and drug it home with him. Or the power pole that was down and the 200 foot of wire that was missing. So it would take hard evidence like a paint match. Blood, hair. to stand up in court. One other case. Some boys had a 47 chevy. ran a car of the road. Red 47 chevy. + witnesses. Not to many of them around. Like 1 in the State. Take good witnesses to do.

  2. Serene E says:
    July 21, 2010 at 9:01 am

    A Breathalyzer wouldn’t show you were drunk the next morning, so how could they ‘prove’ you were drunk?? Reckless driving, maybe.

  3. Jay says:
    July 21, 2010 at 9:01 am

    There is no crime called "suspicion". The officer would be stopping the driver based on probable cause. It would be almost impossible to prove that he was DUI the next morning.

  4. lestermount says:
    July 21, 2010 at 9:01 am

    Under those circumstances he could not arrest you for DUI.
    He could hold you for leaving the scene of an accident.
    Here a professional football player was involved in a one car accident. The police did not do anything at the time, but after the news ran a story, the interviewed the witnesses, the firefighters, and got the medical records from the hospital and charged him with DUI.

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