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Can they still charge me for a dui after six months of no action?

Mammoth Lakes, CA |

I went to court four months ago for the date on my ticket. not only was I not on the docit but they said the people had nothing to file against me. I received a letter today saying to appear. what should I do to prepare?

Attorney Answers 8


  1. Generally, the DA has up to 1 year to file a misdemeanor DUI case against you. (There is an argument that can be made that a lengthy delay less than 1 year that prejudices your ability to fight the case entitles the defendant to a dismissal.) In other words, you still have to fight this case. I would get a good local DUI defense attorney to represent you in this matter. If you get a private attorney to appear, you do not have to attend court.

    The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. The attorney does not make any representation as to the expertise or qualifications. This attorney may or may not be admitted to state bar of your state.


  2. Yes the simple answer is yes the prosecutors have up to one year to charge
    you on misdemeanor complaints from the date of arrest.


  3. Yes, they can file up to 1 yr later (after arrest) on a misdemeanor. Longer on felonies.

    As for what to do to prepare for court, lawyer up. That will be your best bet. We can't tell you what research to do, etc., because we know nothing of the case.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


  4. Yes they can still charge you - up to one (1) year from the date of the alleged incident.


  5. Yes - they have 12 months to charge you on a regular DUI w/ no accident or injuries/deaths


  6. I agree with my colleagues that the DA's office has one year from the date of the incident to file on a misdemeanor DUI charge. Depending on whether the chemical test used was a blood draw, it can take time depending on the lab being used and what they are looking for other than alcohol. If the arrest was for alcohol only, I hope you contacted an experienced DUI attorney relating to any DMV administrative action to suspend your privilege to drive assuming your physical driver's license was taken and you were issued a pink temporary license. The best way to prepare is to consult an experienced DUI attorney in your area. If you cannot afford one, show up to court on time and if you qualify for a public defender, ask for one. Good Luck!


  7. Yes. Now your focus needs to be on getting good representation. Many of us on Avvo provide a free consultation.


  8. Yes, they can and frequently do. The best thing for you to do to prepare is to hire a locally experienced DUI attorney. Best of luck.

    Jasen Nielsen

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