Crashed car and blew 0.02% BAC back in October, was arrested and spent a night in jail, and have gone to 3 court dates since then where I’ve been told no charges were brought against me and to come back in 90 days.
Probably because .02% is a low BAC.
San Diego County Criminal Defense. 20+ years experience. Put my experience to work for you!
Seems odd your BAC was negligible and if they drew blood it was to see if you were a combo alcohol/drug DUI. It does take awhile to analyze the blood but you are pushing six months now and it doesn't take THAT long! Just go back when they tell you to. I can't imagine that after another 90 days they won't have a result.
There may be several reasons that charges have not been filed, First, there may not be enough evidence (the low BAC is an example of that), so there may never be any charges, or second, if your crash involved another party, they may be trying to contact that person to get a statement about what happened and the amount of the loss. The bottom line is that the prosecution has one year to file this case, assuming no reason appears to make it a felony. If there is, then they have three years in most cases. The prosecution has no obligation to, and generally doesn't, notify arrested persons that no charges will be filed. When you go back to court, if there is still no answer, ask that the court direct that DA to send you a cite letter if they are going to file charges, and give the DA a good address where you will definitely receive the letter. If you miss the letter you could get arrested.
Generally speaking, it would be best not to discuss the case with anyone involved in law enforcement without consulting an attorney.
Please be advised that I am not your lawyer, and that before taking any action you should consult with an attorney who agrees to represent you.
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