How Long After a DUI Accident Do the Police Have to Charge You?

 Posted on April 04, 2025 in DUI

Suppose you were involved in a one-vehicle accident when you were coming home from a bar late at night. EMS arrived before the police and took you to the hospital, where bloodwork was done. The police showed up at the hospital later and questioned you about the accident. While it was clear they assumed you were driving under the influence and asked for a breathalyzer test, the nurse came in at that moment and took you for an X-ray to determine whether your arm was broken.

After you were treated, your wife came to the hospital, checked you out, and you went home. It’s been a week, and you still haven’t heard anything from the police regarding potential DUI charges. How worried should you be? Do the police have access to your blood results taken at the hospital? How long do they have to charge you? This can be a nerve-wracking time, wondering whether you will be charged with an Illinois DUI. The best thing you can do for your future is to speak to a highly skilled Rolling Meadows, IL DUI attorney.

Do the Police Have Access to Your Blood Test Results?

The answer to the question of whether the police have access to your blood test results is "probably." While they could not just ask a doctor or nurse at the hospital for the results, they could obtain a search warrant for the blood test results. In order to get a search warrant, the police would have to have probable cause to believe you were driving under the influence at the time of your accident.

If the police spoke to you at the hospital, they may have observed you slurring your words or noticed that your eyes were red and watery. They may have even smelled alcohol on you or coming from your vehicle when they investigated the accident, or there may have been empty alcohol containers in your vehicle.

In the example above, the police would normally ask for a separate blood or urine draw from the one the hospital does for treatment. If the timing of your medical treatment made that impossible, but the police are fairly certain your accident was the result of inebriation, then they will almost certainly obtain a search warrant for the bloodwork taken by the hospital. In addition to DUI, you could also be charged with careless or reckless driving.

How Long Do the Police Have to Charge Me with DUI After an Accident?

A misdemeanor DUI charge must be filed in Illinois within 18 months of the date of the accident. Otherwise, DUI charges cannot be filed, or will be dismissed if filed. While it is unlikely that the police would wait that long to file charges, it can be a long time to wait, wondering whether you will be charged with DUI.

Rather than spend each day in fear that today is the day you will be charged with DUI, a much better option is to schedule an appointment with a DUI attorney and tell them everything that happened. Giving an attorney this time to develop a solid defense on your behalf can make a significant difference if charges are later filed.

Am I In a Better Position if the Police Wait Months to Charge Me with DUI?

Aside from the agony of waiting to see what happens, you may be in a better position if the police wait to charge you. This is primarily because your attorney will have had those months to build a comprehensive defense on your behalf. You can ask the hospital to release your blood results to you, and find out whether the police sought access to those results, which gives you an idea of what you may be facing.

Contact an Arlington Heights, IL DUI Lawyer

Regardless of the circumstances surrounding your DUI, always contact an experienced Rolling Meadows, IL DUI attorney from Scott F. Anderson, Attorney at Law. Attorney Anderson has more than 25 years of experience practicing criminal law, both as a prosecutor and now as a criminal defense attorney. He fully understands what most people are up against after being charged with a crime. Call 847-253-3400 to schedule your free consultation.