No Charge Filed, Seven Months After DUI Traffic Stop

[edwardengland]

My question involves criminal law for the state of: California

I was pulled over and arrested for DUI VC23152 A and VC23152 B. near the beginning of september 2011. After spending the night in jail I was ordered to appear in court on Oct 4th. When I showed up, I was told the DA did not have my blood work back yet and was rescheduled for Dec 27th. I showed up Dec 27th and was told that the DA has not filed any charges. Meanwhile the DMV process which is separate from the court process was completed, they were able to obtain my blood work and the police report and suspend my license by Nov. 23 2011. I can get my CADL back on April first so long as the DA does not prosecute by then. It is now march 2012. It has been over seven months since I was arrested. I regularly check in with the court to make sure that my case is not on their docket. I have not received any additional info from the DA. I have also checked to make sure there are no warrants on me as recently as last week.

I'm pretty sure I was never arraigned, and I have not signed any document waiving my right to a speedy trial. What is the deal with this? Is it normal for the DA to take this long? I don't want to call the DA and remind them. If I get a DUI attorney will it call attention to the case and wreak any chance I might have of this "falling though the cracks"? Any advice is appreciated. Thank you.

[Mr. Knowitall]

If you're not yet charged, speedy trial isn't an issue. Cross your fingers and hope they don't get this straightened out before the statute of limitations runs.

[edwardengland]

Just a quick update. About 3 days after I posted this I received a call from the DA to schedule a arraignment. Mystery solved. They must have been watching these threads

[sapper]

Mr. Knowitall,

you speak of "before the statute of limitations runs out"

might you be able to expand on that?
what is the statute of limitations on a dui/dwi charge?

[edwardengland]

Sapper,

In California, for a "non felony" DUI, the DA has one year to file charges. As long as the charge is filed within a year of the offense, the statute of limitations will be met.

I understand for a felony DUI the statute of limitations is longer.

[That Guy]

In California, for a "non felony" DUI, the DA has one year to file charges.

California penal Code section 802.

(a) Except as provided in subdivision (b), (c), or (d), prosecution for an offense not punishable by death or imprisonment in the state prison shall be commenced within one year after commission of the offense.

[Nothing in subdivision (b), (c), or (d) apply to a misdemeanor DUI charge (VC 23152)]

As long as the charge is filed within a year of the offense, the statute of limitations will be met.

California penal Code section 804.

Except as otherwise provided in this chapter, for the purpose of this chapter, prosecution for an offense is commenced when any of the following occurs:

(a) An indictment or information is filed.
(b) A complaint is filed charging a misdemeanor or infraction.
(c) The defendant is arraigned on a complaint that charges the defendant with a felony.
(d) An arrest warrant or bench warrant is issued, provided the warrant names or describes the defendant with the same degree of particularity required for an indictment, information, or complaint.

I understand for a felony DUI the statute of limitations is longer.

There are several 3 ways a DUI can be charged as a felony (depending in the facts of the case (injuries/death...etc) and the defendant's priors)... 3 different sets of penalties... And hence 3 different S.O.L. periods!

[genienabottle23]

I was wondering what part of California you got your DUI in? I stop for a DUI Jan 16th in the OC and have yet to hear from the courts. i blew a .08 and .07 at the station. People keep telling me not to call in as that would remind the DA that charges have not be brought against me. I wont my DMV hearing; I didn't realize it took this long to hear from the courts or get paper in the mail recarding when my hearing would be. I hoping maybe the DA won't press charges but it is what is. My fault .