The process for filing a case is as follows. The police agency forwards the police report to the DA's office for review. The police reports get separated for review by individual DA's. The best practice is for that individual DA to either file charges or reject filing charges prior to the arraignment date. The reason for this is that the DA has your signature that you will return to court on the arraignment date that was given to you by the police officer. There are several reasons why charges may not be filed until after the arraignment date scheduled on your citation. These include waiting on test results and the simple fact that some DA's just do not get to their filings on time. Assuming that they are testing your blood just for alcohol and not another type of drug, the results typically do not take more than two weeks.
In your case I would call the DA’s office a couple days prior to the arraignment date of 5/18/10 to see if charges will be filed against you. You should also consult with a DUI attorney to discuss your case and determine if there are any possible defenses.
You should definitely consult with a lawyer in your area regarding the pending DUI.
How long do DUI cases take? I have had DUI clients waiting for up to 3 months to find out whether or not their case will actually be filed. In these cases the DA's office sent the blood test out initially to screen for alcohol and then sent it out to the Sacramento lab to screen for drugs. If the blood is sent out for a drug screening the process seems to take much longer.
Continue to call the DA's office every couple of days to see whether or not the case has been filed or rejected. If your court date comes and the case is still pending you will want to continue to follow up with the DA's office. If the DA's office does file the case after your court date you will receive a letter to appear in court on a certain date.
I would not advise calling the DA's office over an over. Every time you call you are reminding them that they have not filed the case yet. It is rare when a case slips through the cracks, and by calling over and over you are making sure yours does not. I have had DUI cases in the Bay Area not get filed, and you can bet I was not calling the DA to find out what was going on with the court date. You have been given a court date and should consult with a DUI lawyer who practices in the county of your arrest, as soon as possible.
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