Fighting Additional Charges After DUI-DWI Arrest
While you may have received a copy of the paper citation or traffic ticket listing the specific charges against you at the time of your DUI arrest, the State prosecutor has the option of bringing additional (or different) charges against you. He or she also can DROP or choose to NOT prosecute certain charges. If an investigation of the facts of your DUI case reveals that amended or alternative counts should be pursued, the prosecutor can prepare a written accusation or information against you! TAKE DEFENSIVE ACTION NOW!
Hence, you may arrive at your DUI arraignment and learn that not only have you been charged with DUI-DWI (which you knew), but several alternative counts of DUI-DWI, and possibly other traffic or criminal violations as well. Once a prosecutor watches the videotape of your driving behavior and your arrest and transport to jail, more charges may be accused. Fighting additional charges is our specialty.
For example, if the inventory search of your vehicle uncovered marijuana, you may face charges (beyond possession of controlled substances – drugs) for DUI-DWI (alcohol), plus a separate charge of DUI-DWI (contraband drugs), plus DUI-DWI (alcohol and drugs, in combination)! These charges may not be successful unless the arresting officer obtained your admission to using drugs or a forensic blood test and/or urine test revealing the drugs.
Additional charges must be timely filed within the statute of limitations
Any new criminal or traffic charges that were not originally made against you must be filed by the prosecutor within the “statute of limitations” period. Most states have laws that mandate that the prosecutor assert all available charges from one incident against you when the case is “accused.”
This legal protection prevents a prosecutor who gets miffed after losing on one or more DUI “counts” at trial from drawing up new charges against you (e.g., reckless driving) that could otherwise still be pursued during the applicable statute of limitations period.
For misdemeanor DUI-DWI cases, the most common time limit for filing charges against you after the commission of the offense is 2 years. Felonies usually have longer statutes of limitations, going all the way to “no time limit” for murder cases.
A highly trained and respected Team DUI attorney is fully prepared in fighting additional charges. A good DUI lawyer is NEVER SURPRISED. Call us NOW at 1(844) TEAM-DUI (832-6384) and receive:
- FREE Initial Consultation
- FREE DUI-DWI Case Evaluation
- Attorney William C. Head’s FREE 400-page “The DUI Book – National Edition” (PDF)