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In California, how long does the DA have to file charges against me on a dui?

Placerville, CA |

I was arrested for a dui on 5/29/09. I was told to show up in court on 6/15. I went but was told that no charges had been filed against me. How long does the DA have to file chares against me. it was a misdemeanor.

Attorney Answers 3


A CA DA has one year to file misdemeanor charges against you. It is odd that none have been filed yet because duis are usually vigorously prosecuted. Do NOT call the DA and ask the status. If he intends to prosecute you'll eventually get a letter in the mail. In the meantime hold your breath.

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Would I be correct in guessing that you opted for the blood test? If so, you are waiting for the lab to finish with your blood. It could be months, as they are all backed up badly.

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The DA has one year to file on a misdemeanor. We are seeing more and more counties take longer periods of time in filing charges on DUI cases, so this is probably nothing out of the ordinary. You should contact a DUI lawyer who regularly practices in the county you were arrested in. This attorney will be able to best advise on what is going on with the DA's office, and will in most cases give you a free consultation on fighting your case.

Aaron Bortel

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