How Long After an Accident Can You Be Charged with DWI?

After a car accident involving alcohol, one critical question arises: how long after an accident can you be charged with DWI? Indiana law doesn’t impose immediate charges, as the timeline depends on factors like accident severity, evidence availability, and the statute of limitations.

This guide outlines Indiana’s DWI charge deadlines, key evidence, and legal steps if you face delayed prosecution. Understanding your rights is essential, and working with experienced attorneys like Banks & Brower can provide the strategic defense you need.

How Long After an Accident Can You Be Charged with DWI in Indiana?

In Indiana, the time limit for filing a DWI charge depends on the classification of the offense. Under Indiana Code § 35-41-4-2, the deadlines are:

• Misdemeanor DWI: Prosecutors must file charges within two years of the offense.
• Felony DWI: More serious cases, such as those involving injuries, have a five-year limit.

However, don’t assume you’re in the clear because time has passed. Law enforcement often takes weeks or months to gather and analyze evidence before filing charges. Investigations can take longer in complex cases, especially those involving serious injuries or fatalities.

Factors That Determine When Charges Are Filed

Several elements determine the timeline for filing DWI charges after an accident:

• Severity of the Accident: Cases with injuries or fatalities take longer due to more detailed investigations. 
• Evidence: Police must gather reliable evidence like BAC results, witness statements, and traffic footage. 
• Prosecutor Review: The prosecutor reviews the evidence to decide if charges should be filed.

Statute of Limitations for DWI in Indiana

Under Indiana Code § 35-41-4-2, the statute of limitations sets the timeframe for filing criminal charges, including DWIs. Prosecutors have two years for misdemeanors and five years for felonies. Exceptions apply if a defendant leaves Indiana or tries to avoid prosecution, which can pause the clock. Unsure how these laws affect you? Consult an attorney to protect your rights.

Evidence Used to File DWI Charges After an Accident

To pursue a DWI conviction, prosecutors must establish that you were intoxicated at the time of the crash. They typically rely on multiple forms of evidence, including:

Blood Alcohol Content (BAC) Tests and Their Timing

BAC tests are crucial in DWI cases. Under Indiana Code § 9-30-5-1, driving with a BAC of .08% or higher is a Class C misdemeanor, while .15% or higher is a Class A misdemeanor. 

Other Types of Evidence

In addition to BAC levels, law enforcement gathers various forms of evidence:

• Police Reports & Witness Statements: Officers document the scene, noting signs of impairment like slurred speech or erratic driving. Witness testimonies can support these findings. 
• Surveillance and Traffic Camera Footage: Video evidence can show driving behavior before the crash, helping determine if intoxication was involved.
• Standardized Field Sobriety Test: This includes a walk & turn, standing on one leg, and checking for horizontal gaze nystagmus 

Legal Process for DWI Charges in Indianapolis

Many assume they won’t be charged if it doesn’t happen immediately. However, Indiana law allows delayed investigations and filings, especially for severe DWI cases. If new evidence arises or forensic testing takes time, charges can still be filed within the statute of limitations. 

If you wonder how long after an accident can you be charged with DWI, remember that law enforcement may still be building a case months or even years later.

Penalties for a DWI Conviction in Indiana

The consequences of a DWI conviction vary based on the severity of the charge:

• Class C Misdemeanor: Up to 60 days in jail and a $500 fine.
• Class A Misdemeanor: Up to one year in jail and a $5,000 fine.
• Felony DWI (Injury or Death Involved): Sentences range from several years in state prison to substantial penalties.

What to Do If You’re Charged with DWI After an Accident

Being charged with a DWI, especially weeks or months after an accident, can be overwhelming. Here’s what you should do immediately:

• Stay Calm & Compliant: Cooperate with law enforcement but avoid making self-incriminating statements. In most instances, you should NOT refuse the breath test. 
• Consult an Attorney: An experienced criminal defense attorney, like the team at Banks & Brower, can evaluate your case and advise you on the best course of action.
• Gather Evidence: Collect photos, medical records, or any relevant documents that could help challenge the charges.
• Avoid Public Discussions: Do not post about your case on social media or discuss it with anyone other than your lawyer.

Find Trusted Legal Guidance in Indianapolis

A delayed DWI charge can be unexpected, but acting fast is essential. How long after an accident can you be charged with DWI depends on multiple factors, and a conviction can have serious consequences. 

At Banks & Brower, our team specializes in DWI cases and has years of experience defending Indianapolis clients. We will walk you through the complexities of your case, ensuring you’re well-prepared for court. We understand Indiana’s laws and fight to protect your rights. Contact our team at (317) 870-0019 for a free consultation.