Legal Question in DUI Law in California

Re: false arrest

Are you sure? Usually individuals who are arrested for DUI are released shortly after being put in jail.

The DAs office has a year to file misdemeanor cases, so be prepared to have a notice to appear come in the mail at some later date.

If you would like to discuss the matter further feel free to contact me. Best of luck.

Re: false arrest

You sure she was released for 'lack of proof?' It usually doesn't go down that way. Typically, a person is arrested for dui and released shortly thereafter. They are given a piece of paper that tells them when to appear for their next court date which is typically an arraignment. That is where you enter a plea of guilty or not guilty. Additionally, once arrested for dui, an individual only has 10 day to schedule a hearing with the dmv.

Your wife may be out of the clear, and perhaps her case is not being recommended to the DA to file charges, but if so, she would be in the very small exception to the rule.

If she is in fact being charged with a dui, you should get a lawyer, quickly to protect her rights.

Best of Luck.