Skip to main content

My DUI case was dismissed then refilled. What should I do?

Santa Fe, NM |

I was recently arrested for 2nd DUI, open container, and careless driving. I hired an attorney and at the first pre-trial conference my case was dismissed with out prejudice because the DA failed to produce discovery with in 30 days. Four days after the case was dismissed, the DA refilled. My case is now again pending but my attorney wants to charge me again for representation. I do not know what to do, if I should rehire him or go with a pd for this is a huge financial burden. Is it also possible that the case could get dismissed again then refilled a second time?

How many times can a case be refilled? Is there a limit?

Attorney Answers 3


Immediately call and hire an attorney that practices in that county.

Mark as helpful

2 lawyers agree


Yes, the case can be refiled. I suggest you try to work out something with the lawyer you previously hired, if you felt the attorney did a good job and was well qualified. The attorney may give you a break on the fee since he has already worked on the case. A new lawyer will likely charge you more. My two cents.

Mark as helpful

1 found this helpful


Your lawyer can't charge more than thaw original fee agreement. It's one and same case

Asking questions on Avvo can be a helpful introduction to your legal issues. You should not rely solely on Internet answers. At a minimum, ask for a free consultation from a local lawyer who handles your type of case.

Mark as helpful

1 found this helpful

Traffic tickets topics

Recommended articles about Traffic tickets

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics