Legal Question in Criminal Law in California

DUI DA Filing Limitations

In Mid-April 1999 I was arrested for a DUI. My arraignment date was 27MAY99. On 27May99 I showed up at court, but no charges were filed. Is there a limit on how long the DA has to file charges? It has been almost two months since the arrest. The DMV set-aside the license suspension, almost immediately and without a hearing, due to insufficient evidence. If the DA decides that there is insufficient evidence to file charges or that the case will never pass a jury trial test, do they fomally close or dismiss the case via some sort of official paperwork or does it just hang in limbo until reaching some sort of statute of limitations?


Asked on 6/16/99, 12:18 am

2 Answers from Attorneys
Eric Chase The Chase Law Group

Re: DUI DA Filing Limitations

From the information given, it appears that the agency that made the arrest could still be processing the blood work assuming that you in fact performed that test. It could be a question of drugs as opposed to alcohol. Please call our office at (800) 382-3100 so that we can get some more information, but more importantly help you immediately. We look forward to hearing from you.

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Answered on 6/29/99, 2:58 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: DUI DA Filing Limitations

A DUI is a misdemeanor. The statute of limitations for filing a complaint is one year from the date of the incident.

It is not uncommon for a district attorney's office to be bogged down with work. or for the county labatory is slow in processing the blood or urine sample. The usual procedure is to give you another court date from 30 to 90 days away. If the case has not been filed by the second court date the case is dismissed by the court. This would not prevent the District attorney from filing a complaint at a later date.

You could contact an attorney who could contact the distric attorney's office ask if the case will be filed.

If you are charged with a DUI contact an attorney immediately.

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Answered on 6/30/99, 9:01 pm


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