Why am I being charged for a DUI when THEY did not pull me over nor was I ever booked?

To prove a DUI the District Attorney needs to prove two things: 1) that you were driving a motor vehicle; and 2) that you were impaired. From your question it seems pretty clear that you were driving. The next question is whether or not you were under the influence. Do you know what the result of the breath test was?

Brian Andritch
www.jeffhammerschmidt.com

You may have a valid "rising blood alcohol" defense. The breathalyzer you took was probably a portable one in the field and may/may not be admissible against you. The blood they drew at the hospital was the "official" test, but it's subject to attack as well. (Did they use the proper blood collection vials with the proper preservative? Was the area cleansed with alcohol, etc.)

It sounds like you're potentially facing more than just a DUI. A consultation with a criminal defense attorney about the entire situation might not be a bad idea.

Keep one thing in mind - you only have 10 days from the date of your arrest to request a hearing with the DMV to challenge any license suspension. (The pink piece of paper you have is probably your temporary license after they arrested you and took your license) If you miss that 10 day window, your license will automatically be suspended for 4 months. The same sort of defenses apply against the DMV as they do in the DUI, but there are just a couple of twists.

See the link below for more information on the rising blood alcohol defense.
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Contact a qualified Orange County DUI Defense Lawyer in your area asap. Just because you were not taken to jail does not mean you are not facing a DUI and a possible license suspension action.