DUI Charges Don’t Always Come Right Away
If you were in a car crash, had your blood drawn at the hospital, and haven’t heard anything yet, you’re not off the hook. In Indiana, operating a vehicle while intoxicated (OVWI) charges can hit days, weeks, or even months after the incident.
This surprises a lot of people. They assume if they weren’t arrested on the spot, they must be in the clear. That’s not how it works. At the Marc Lopez Law Firm, we’ve handled countless cases where DUI charges come long after the fact. If your blood was taken, and you know you had something in your system, such as alcohol, weed, prescribed meds, anything, it’s time to start preparing now.
Common Scenarios Where DUI Charges Are Delayed
Here are the three most common ways we see this happen:
1. Blood Tests After an Accident
This is probably the most common. You get in a crash. You’re hurt. You get taken to the hospital. An officer shows up but decides not to arrest you right away. Instead, they wait for the blood results.
“Call me when the results are back,” they say to the nurse. And just like that, you’ve got an open DUI case waiting to happen.
Sometimes the results come back fast. Sometimes it takes weeks. We’ve even seen DUIs filed nearly a year after the fact.
2. Officer Suspicion Without Obvious Evidence
You might get pulled over or be involved in a non-crash incident. Maybe the officer doesn’t smell alcohol. Maybe you’re not slurring your words. But you admit to taking something earlier, maybe it’s weed, maybe it’s a prescription.
That’s often enough to justify a blood draw and if they find something, you could be charged later.
This happens all the time with both legal and illegal substances. And remember, Indiana law doesn’t care whether the drug was prescribed, if it impairs your ability to drive, you can be charged.
3. Charges Get “Up-Filed” After the Fact
This one’s especially frustrating. Sometimes a new or inexperienced officer only charges you with reckless driving or public intoxication, even though they could have charged DUI. You think you got lucky until someone tells you to fight the charge.
If your attorney pushes too hard without understanding the full risk, prosecutors can, and often will, upcharge the case later. We’ve seen reckless driving cases turned into full-blown OVWI charges months down the line due to the actions of inexperienced attorneys.
How Long Does the State Have to File DUI Charges?
In Indiana, misdemeanor DUI charges generally need to be filed within two years of the incident. Felony charges have an even longer statute of limitations.
Just because it’s been a while doesn’t mean you’re safe. Prosecutors can and do wait until they have all the evidence, especially when blood results are involved. Once those results come in, the clock starts ticking, but not in your favor.
What You Can Do Now (Before You’re Charged)
If you’ve been in a crash, or if police took your blood – even if nothing else happened at the time -you need to act now. The sooner you get a lawyer involved, the more options you have.
Here’s what we do for clients in this situation:
- Review the circumstances and anticipate how the case might unfold.
- Help you start proactive steps—like enrolling in an approved alcohol or drug education program, counseling, or community service.
- Build a positive paper trail that shows you’re taking responsibility, even before charges are filed.
This isn’t about pretending you’re guilty, it’s about being smart. Judges and prosecutors love to see people taking early, genuine steps to improve. Waiting until after charges hit? That always looks reactive and desperate.
A Real-Life Strategy That Works
Right now, we’re helping multiple clients who haven’t been charged yet. They’re in that limbo phase – post-accident, blood drawn, no paperwork. But they’re doing the work: taking classes, going to counseling, documenting everything.
When and if charges do come? They’ll walk into court looking like responsible citizens, not criminals.
This can be the difference between a plea deal with no jail and serving time behind bars. It can be the difference between keeping your license and losing it.
Final Thoughts: You Don’t Have to Wait to Get Help
The worst thing you can do is sit back and hope for the best. If your blood was drawn, you’re likely under investigation. Don’t wait for the charges to land before you start taking steps to protect yourself.
At the Marc Lopez Law Firm, we’ve been helping people navigate DUI charges for nearly 20 years. We know how to spot problems before they turn into disasters.
Need Help with a Possible DUI Case?
Call the Marc Lopez Law Firm at 463-282-3514 for a confidential consultation. Let’s figure this out together—before the State files anything.
And remember: Always plead the 5th.
