Legal Question in DUI Law in California

What you should do is get the best California DUI Specialist attorney (as certified by California DUI Lawyers Association) that you can afford. The statute of limitations for filing a DUI (misdemeanor) is 1 year, so the prosecutor is well within the statute of limitations.

If you were served a DMV Order of Suspension, then you must respond within the time prescribed. If you were not served a DMV Order of Suspension and your license was NOT taken, then you may continue to drive unless the DMV or court notifies you to the contrary.

It is possible the officer did not see you driving. When the issue of driving arises, consider http://www.sandiegoduilawyer.com/articles/san-diego-california-driving-element-of-dui-issues.html .

Good luck.

You should seriously consider calling an attorney in or near your area that you know has the experience to handle a case like this, but also will FIGHT for you, to get the best possible resolution. I wish you well... David Wallin

You should call Rick Mueller, above, right away. There is no law that says you are entitled to be told you are getting a DUI by a certain date. You don't include the breathalyzer result, which was actually an Alco-Sensor IV or V. But first time DUI is a misdemeanor and that gives the DA 1 year to file charges, so you should not focus on the "no one told me" defense, which is no defense at all. Instead focus on fighting the case, which should start immediately. Were you given a pink license at the time in place of your plastic license?

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If they thought you were DUI at the time, I'm surprised you weren't arrested bak then. It may be that your blood alcohol result was below 0.08% and they set it to the prosecutor's offIce for review and now they have decided to file charges against you.

Here's what you need to do: find yourself an attorney. Don't rush and hire the first one necessarily. Find somebody that understands your case, who routinely practices in the court where your case is pending an that you feel comfortable with.

A word of caution when selecting an attorney: often, large firms will assign your case to any attorney they want within the firm, so you may not be getting who you think you're paying the money for.

I assume you have time before your court date to shop around. Cheapest isn't necessarily the best and the most expensive doesn't necessarily mean the best either. find the one you're lost confident in.

What do I think YOU should do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.