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

Asked over 1 year ago - 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. Christopher John McCann

    Pro

    Contributor Level 10

    14

    Lawyers agree

    Answered . 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... more
  2. Michael Jon Fremont

    Pro

    Contributor Level 17

    13

    Lawyers agree

    Answered . 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. Matthew Murillo

    Pro

    Contributor Level 19

    10

    Lawyers agree

    Answered . 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... more
  4. Joshua Matthew Dale

    Contributor Level 13

    10

    Lawyers agree

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

  5. Joshua Kaizuka

    Pro

    Contributor Level 16

    9

    Lawyers agree

    Answered . 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!

  6. Dan Eugene Chambers

    Contributor Level 20

    9

    Lawyers agree

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

  7. Christopher Irvin Simser

    Contributor Level 19

    8

    Lawyers agree

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

  8. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . 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

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Misdemeanor DUI

A misdemeanor DUI, which carries lesser penalties than a felony DUI, is the charge most people will be facing if they are arrested for DUI.

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