Re: No Charge Filed, Seven Months After DUI Traffic Stop
California penal Code section 802.
[Nothing in subdivision (b), (c), or (d) apply to a misdemeanor DUI charge (VC 23152)]
(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.
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.
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!
I am right 97% of the time... Who cares about the other 4%!