There are two possibilities: either they will file later ( they have up to one year in a misdemeanor case), or the case will not be filed. You will not know for sure until the one year is up, unless in the unlikely event the prosecutor will give you written confirmation that they will not file.
In this same situation normally a court would treat your matter as a "No Filing" and either tell you to wait for a communication from the DA's office telling you when to appear or the court could simply give you another court date to reappear sometime in the future maybe a month off.
Now that you are beyond that you are left with either doing nothing and hope that the charges mysteriously go away, or as I would recommend I would want you to continually check every week or so with the court as to whether my case showed up yet or not.
I know that you will think that calling the court might tip them off but it won't. If you don't get a letter to appear in court but the case is filed and you do not appear, you can be prepared for some deputies to show up at your door to serve you with an arrest warrant, or find you someday during a traffic ticket stop.
Yes you can later explain to the Judge that you didn't know, and it's not your fault... but in the meantime you were hauled off to jail.
It's a tough situation, and the failure to have the case in court on schedule was not your fault, but it is your problem. With the little information that you have given us here today you should definitely expect that this case is going to be prosecuted.
It is not uncommon for the district attorney to request additional information prior to filing a case. If that information is not received before the arraignment date then a case may not be filed until later. As stated above, the district attorney has one year to file a misdemeanor case but generally they don't take that amount of time for a simple DUI/resisting case. As previously mentioned - check with the court regularly, you are better knowing when/if charges are filed than finding out on an arrest warrant.
There are several possibilities. First, the prosecution may not yet have all their ducks in a row and are not yet ready to proceed. If that is the case, when they are ready, you should be notified off when you have to go back to court. It can be useful to retain an attorney now to monitor that situation for you and to also try and contact the Issuing Deouty prosecutor to try and encourage them not to file charges. It could also be that the prosecution has decided the case is too weak and is not going to file.
Be aware, there is a one year statute of limitations in most jurisdictions for a misdemeanor. The case can be filed up until then. Also, be careful. The quickest way to get a weak case filed against you is to get arrested again, especially for the same thing. The prosecutor will then file two cases expecting to force a plea on at least one.
Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.
If there was a blood test involved, that could explain the delay. Hopefully, you contacted the DMV within 10 days to preserve your right to a hearing to protect your license from being suspended. At a .08%, you have a very defensible case. I handle DUIs in San Mateo County. Feel free to contact me to discuss your case further. Good luck to you.
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