Legal Question in DUI Law in California

i got arrested for DUI and my license was taken in california. i was given a breath test and i blew a 0.0. i also submitted a urine test. when i went to court no complaint was filed against me. i can't get my license back and the district attorney says the case is still being investigated. what can i do to speed up the process? also i would like to know if any of my rights are being violated because it has been almost 2 months since my arrest


Asked on 3/01/11, 12:28 pm

1 Answer from Attorneys
Paul Burglin Burglin Law Offices

The District Attorney has one year from the date of the alleged violation to file a misdemeanor charge against you. The D.A. is likely waiting for a drug test analysis on the urine sample before filing a criminal complaint.

You should be able to go to the DMV and obtain your license, since the DMV should by now have determined that you were not driving with alcohol in your system.

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Answered on 3/01/11, 2:35 pm


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