Yes, law enforcement can charge you with driving under the influence of alcohol with a blood draw of .058 taken four (4) hours after the accident even though the level stated is within the legal statutory level.The prosecution may claim through forensic testing that at the time of the accident that your blood alcohol level that you had was above the legal limit based upon admissions by you as well as other evidence. I suggest that you contact a criminal defense attorney to represent you in this matter. From what you have written, the prosecution seemingly would have a hard time proving its case against you.