Friday night I was pulled over for being on the phone, and cop instructed that I was also drunk and wanted me to blow/test etc. i was cooperative and immediately told the officer which was in training with another officer that I refuse everything and no longer talking till I see my lawyer,he then arrested me without reading me my rights and i was then confuse afterwards but i guess they had issue a warrant and then took me to draw blood. and I was arrested and detained till following Monday which I was told to have court. Monday comes I did not see any judge of some sort and was released. Everyone told me my case was dismissed ?
You need to contact a DUI defense attorney for representation immediately. The city/county will have up to two years to charge you with DUI, and I guarantee you the prosecutor is waiting to see the results of the blood draw before that happens. In the mean time, you are likely facing Department of Licensing consequences for "refusing" to submit to a breath test. This is a completely separate action from criminal charges and a DUI defense attorney can assist you in attempting to keep your license, but there are actions they need to take immediately to do so. Start looking around for an attorney now. Call someone for a consultation tomorrow.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
A DUI in WA is a very serious charge. The prosecutor has up to 2 years to file charges against you. Merely being let going because the charges weren't filed by Monday doesn't equate to a dismissal. Contact a WA DUI defense attorney for a free consultation.
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
You need to contact a DUI defense attorney immediately. You need to ask for a DOL administrative proceedings in a timely manner or your license will be suspended whether you are ever convicted or not.
What probably happened is that the prosecutor did not have the paperwork done so they dismissed the charges but they prosecutor can still file charges. They have two years to file. Get an attorney now.
If you have been arrested the State has up to 72 hours to charge you. If they do not, then the case must be dismissed. This just means that at this time there are not conditions of release and a prosecutor is reviewing your file. As the other answers indicated, the prosecutor has up to 2 years to refile the charges against you. The prosecutor is likely waiting to get the results of the blood test back to refile the formal charges. You should contact a DUI attorney immediately to begin discuss your case and choosing an attorney. Depending on whether the Officer indicated you as a refusal or not, you may have a pending DOL action against your license that will result in a suspension if not challenged within 20 days of your arrest. DUI law is complicated and there are many collateral ramifications that must be attended to. Having an attorney on board early allows you to formulate the best defense, get out ahead of the charges, make sure nothing is missed. Most of us offer a free consultation, start calling around and speak with a few attorneys.
Lucas D. McWethy
When someone is arrested for DUI, the police will take you in for a breath test, (unless they suspect drugs or someone is injured). If you refuse the breath test back at the station, they can get a search warrant for a blood draw AND try to suspend your driver's license for a year for refusing the breath test. Just because they did not charge you and give you a court date the next day absolutely does not mean your case will be dismissed. They are most likely waiting for the results of the blood test. In the meantime, you will have only 20 days to request a hearing to challenge the one year license suspension. You should contact an attorney right away to help you sort through this very serious situation.
Unfortunately this most likely means that the State/City is waiting to get results of the blood draw and then will decide whether to charge you based on those results along with the rest of the evidence in the case. They have 2 years to arraign you (charge you) with a crime so the fact that it didn't happen shortly after your arrest does not mean that you won't eventually be charged.
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