You can get charged with a DUI if the DA has probable cause to believe that you drove while impaired and/or with a BAC over the legal limit. Whether they can ultimately prove it beyond a reasonable doubt is a separate question and will depend on what other evidence they have.
Obviously, the cops learned something about your accident - either because they found your car at the scene of the accident or the couple or someone else reported the accident. If someone observed you driving, they can testify to your driving. If someone observed that you were intoxicated when you left the car (e.g., you acted drunk, smelled of alcohol, or admitted drinking), that can be used to establish your alcohol consumption. You don't say whether the police conduct any field sobriety tests or requested you to take a breathalyzer or whether you gave any statement admitting driving and/or drinking.
You will want to hire a good criminal defense attorney right away and confidentially discuss all the evidence that the police may have against you.
I hate to answer a question with a question, or series of questions, but additional information is necessary to answer this question. For starters, did the couple who picked you up after you crashed witness the accident? Did you answer the door when the officers came to your house? If so, did you admit to driving the vehicle? Further, how long after the accident did the police obtain a chemical test?
The answers to these questions is necessary to adequately answer your question. Even if the information were re-posted, you should have a confidential conversation with a lawyer regarding the incident.
There are certain situations where the police can arrest you at a later time for driving under the influence. However, there are very specific issues that must be proved to allow the arrest to stand in court. Along with others , if the police received a call about a collision, what kind of information was supplied to identify you as the driver. Is there a dispatch log?
If your driver's license was takne by the police, you must contest any suspension of your driving privilege by contacting the DMV within ten days of your arrest.
The best advice that I can give you is to immediately contact an attorney in your area who specializes in DUI. There are highly qualifed attorneys at www.california-dui-lawyers.org
who will be able to immediately assist you.
If you have an accident, the police do not need to see you drive to arrest you for DUI. If the amount of timed is more than three hours between when the accident happened and when the police tested you is also an issue.
Edward J. Blum
Sign up to receive a 3-part series of useful information and legal advice about DUIs.