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How long after arrest for a DUI do they have to charge me?

Roseville, CA |

10 months ago I was arrested for a DUI (I blew a .05--18 years old) taken in, booked, and released 18 hours later. They didn't take any blood or urine tests. My license was suspended and I had one hearing in court where they told me I'd be getting another court date to receive charges. It's been 8 months since this and still nothing. Does statute of limitations apply here? Should I wait this out or should I get back in touch with an attorney?

Attorney Answers 3


If you have already been arrested and appeared in court, then you have already been charged and the statute of limitations is tolled (stopped).

some courts take much longer to get to cases because their dockets are backed up. But, if you have a lawyer you should discuss this with the lawyer as I know that the pressure of having a case hanging over one's head is bothersome.

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The previous answer is from a lawyer not licensed in California and the answer is incorrect.

The simple answer to your question is that prosecutors have one year to file a misdemeanor DUI charge against you. I'm assuming that you went to court and didn't "appear" in front of a judge, but were told that no case was filed against you and that you would receive a notice in the mail if a case was filed. Also, your license was likely suspended by the DMV in an action that is completely separate from the court proceeding (yes, you can have your license suspended by the DMV without the prosecutors ever filing a case against you in court. I know, it sucks).

If I am wrong about any of these assumptions, please post some additional information about your situation

You may want to consult with an attorney who may do you a favor and at least check on whether or not a case has been filed against you. Better safe than sorry.

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On all under 21 zero tolerance cases, the DUI attorney has to be careful that the client has not reeived a seperate citation for the criminal court. Typically, the license is suspended administratively by the DMV by way of the pink APS/Temporary License and revocation order. This is the notice that you have 10 days to request an administrative hearing at the DMV driver safety office. Only aout 50/50 of the time does the under 21'er receive a criminal traffic citation. This is determined by the dangerousness of the driving and the BAC. The lower the BAC, the less likely a criminal case will result. GET YOUR DOCUMENTS TOGEHTER! Don't overlook a criminal case citation. Typically, when a BAC is over .05% the underage driver is charged with CVC 23140. It is critical to request a bench trial on that ticket because the court is often not likely to understand the issues of PAS admissibility (ie. People v. Adams). As a result, a dismissal can often be obtained in criminal court. BUT DON'T ASK FOR A DISMISSAL. IF TESTIMONY WAS TAKEN, GET A NOT GUILTY ACQUITTAL ON THE RECORD. THIS DOCUMENT CAN BE SENT TO DMV LEGAL AND COMPLETELY REVERSE THE ADMINISTRATIVE SUSPENSION WITHOUT AN IMPOSSIBLE DMV HEARING!!!! DONT MISS YOUR CRIMINAL CASE AS IT IS YOUR BEST BET TO WINNING A LICENSE SUSPENSION!

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