Legal Question in DUI Law in California

Re: DUI arrest but charges have not been filed by DA

Should have noticed an appeal with DMV within 10 days of arrest. Now you need to enroll in 1st offender program and Can get restricted D.L. in about August 12. Expect a filing. Talk to a local attorney.

Re: DUI arrest but charges have not been filed by DA

You're already well outside the time frame to contest a hearing with the DMV re: license suspension. At this point, it's now in the DA's hands.

The statute of limitations for a misdemeanor DUI is one year. They have that time to file charges against you. I wouldn't do anything to remind them that there's a case pending they need to look at. Who knows? They may have lost or misplaced your paperwork. If they blow the statute, they can't come after you. If they do file charges beyond the statute of limitations, it's an easy win and your case will be dismissed.

Often, the DA will be backlogged with cases to review for filing, so if they don't have the case filed by the court date, I'd just lay low. If they do decide to file charges within the statute of limitations, they will have to notify you in some way to come to court. Usually, they will send a notice by mail on low-level offense, but in theory a warrant could be issued.

Watch for a filing by your court date. If it's filed, get a lawyer and take care of things. If it's not filed by your court date, be safe and go to court, get the DA to give you proof there were no charges filed on that date. That way, you're protected for any allegation you failed to appear when you were supposed to.

If your license was in fact suspended, you'll need to jump through their hoops to get your license reinstated after the suspension ends.

Bottom line? They're going to file charges against you - it's just a matter of whether they'll do it by your court date or not. Use the time between now & then to find a good defense attorney to represent you.