Legal Question in DUI Law in California

Notice of Intent Not to File

I was charged with a DUI but took a blood test and was waiting for the results. I got a ''Notice of Intent Not to File'' letter in the mail. It informed me that after reviewing my case that they have decided not to prosecute any claims at this time and I will not have to show up on my court date. Does this mean that are not going to prosecute me now but have the ability to do it later down the road? Is this letter telling me that I had a BAC level below .08 and that I am clear of any other convictions (wet wreckless, etc.)?


Asked on 6/24/09, 1:35 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Re: Notice of Intent Not to File

You correctly understand the notice. The Prosecutor decided not to file ANY charges at all. Likely because the B/A was below .08. The "at this time" is a standard qualifying clause. Yes, they could file at a later time. Unlikely, unless you get arrested for ANOTHER DUI in six months. Then they might charge both cases at once. The statute of limitations on a misdemeanor is one year.

You might want to contact the D.A.'s office and ask what the B/A was, or the lab if you know it. If it showed no alcohol at all, or very low, like .01-.03, you might want to consider petitioning for factual innocence to wipe even the arrest record off your sheet, including the DMV. This might help avoid higher insurance rates, but could also impact any job that involves driving as part of the job.

If you want to learn more about factual innocence, you can check out this article on my website:

http://lawyer-expungement.com/petition.htm

or this article published in California Lawyer:

http://callawyer.com/story.cfm?pubdt=NaN&eid=901853&evid=1

Read more
Answered on 6/24/09, 2:22 pm


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