The Day After DUI: Can You Be Charged with DUI the Next Day?

 Posted on July 24, 2025 in DUI / DWI

Most of us think of a DUI arrest as being pulled over while driving, given sobriety tests, and arrested for driving under the influence. In the state of Maryland, however, you can face DUI charges without an actual traffic stop. This could be the result of a delayed investigation, a "concerned" witness, or a crash report, but the police could potentially pursue DUI charges after the fact, even the next day.

This hardly seems legally possible, but if the prosecution can prove impairment without the benefit of a traffic stop, there is a very real possibility of being charged with DUI hours after you were actually driving. If you find yourself charged with DUI the next day, you are facing what is known as a "retroactive investigation." You need an experienced, aggressive Harford County, MD DUI lawyer to build a strong defense on your behalf.

What is a Retroactive Investigation, and How Can Police Build a DUI Case Without a Stop?

Although the term "retroactive investigation" is not a formally recognized legal term, it is understood to refer to an investigation that occurs after the incident or arrest. In the case of DUI charges, a retroactive investigation may include gathering "secondhand" evidence, such as eyewitness testimony regarding the defendant’s driving behavior or observations from paramedics or others present at the scene of an accident.

An officer can administer a breathalyzer test later, even if the individual is not actively driving at the time. For example, if the defendant is involved in an accident and taken to the hospital, and witnesses at the scene tell the police that the defendant seemed inebriated, the police may administer a blood test or breathalyzer test at the hospital. Retroactive DUI investigations usually hinge on one or more of the following:

• Surveillance footage, like dash cameras or security videos
• Eyewitness testimony (i.e., someone saw the defendant driving erratically)
• A confession or admission (the defendant tells someone he or she was driving under the influence)
• An accident report where inebriation is later suspected.

What is the Statute of Limitations for Filing DUI Charges?

The police do not have an unlimited window of time to file DUI charges against a person. While DUI charges are usually filed quickly after an arrest, there is a one-year statute of limitations for filing these charges, or three years in DUI cases that involve manslaughter or vehicular homicide.

How Can a Defense Attorney Challenge Evidence Gathered During a Retroactive DUI Investigation?

There are many different ways that a knowledgeable DUI attorney can challenge evidence gathered after the fact, during a retroactive DUI investigation, including:

• Providing alternative explanations for observed impairment, including medical conditions, fatigue, injury, or environmental factors
• Using Maryland’s definition of operating or being in control of a vehicle
• Presenting evidence as to why time gaps matter when proving impairment
• Presenting evidence of how BAC levels can change in a matter of hours
• Using expert testimony to estimate prior impairment
• Showing a lack of evidence that the defendant was driving while intoxicated
• Showing law enforcement’s reliance on circumstantial or hearsay evidence

Clearly, DUI charges brought after the fact can be complex. There may be an opportunity for an attorney to negotiate lesser charges or avoid license suspension if the entire case is not dismissed.

Contact a Northern Baltimore County, MD DUI Lawyer

Being charged with DUI the day after driving may seem unfair, but it is a possibility under Maryland law. If you are facing delayed DUI charges, do not assume the case against you is airtight.

A highly skilled Harford County, MD DUI attorney from Baltimore Legal Services can challenge weak evidence, flawed science, and questionable timelines. We are available 24/7, have helped more than 10,000 clients, and charge a custom flat fee. To schedule your free consultation, call 858-523-8423.