Just because you have been arrested and cited to appear in court on your driving under the influence case does not mean that charges have already been filed. The police officer who arrested . After you are arrested, the officer writes a report and forwards it to the DA’s office. The report is then given you is not the person responsible for filing charges against you. The District Attorney’s Office must file the actual charges to a Deputy DA for a filing decision. Often times, Deputy DAs get backed up, and their inboxes start overflowing. This often causes delays in filing decisions.
Generally speaking, the DA’s office has one year to file misdemeanor charges against you. Depending on the charge, the DA usually has three years to file felony charges against you. This is called the “Statute of Limitations”. If the DA misses the statute of limitations the court loses jurisdiction against you, and charges can never be filed for that particular offense.
There is a little known statute that requires a complaint to be filed within 25 days if you are cited and released (i.e., not bailed out). However, I have never seen a judge actually dismiss a misdemeanor case simply because the complaint was not filed within 25 days. They rely on the one-year statute of limitations law. However, this is still a tactic that should be argued in appropriate cases, and beneficial appellate court decisions may come down in the future.
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DUI/DWI Articles:
- Bob Keefer: 1980 Visual Detection of DWI manual [PDF]
The beginnings of the standardized field sobriety testing that have been corrupted into a show of impairment. These tests area actually touted by their "creators" to show a probability of blood alcohol content over the legal limit. - Bob Keefer: 1997 Florida Validation Study of SFST - Burns & Dioquino [PDF]
The 1997 Florida Validation Study of the Standardized Field Sobriety Tests is very important because a close reading of the test data will reveal the flaws in this "so called" validation study. - Breeath Temperature: An Alabama Perspective by Carpenter & Buttram [PDF]
The evidentiary breath testers use 34 degrees C as the presumed exhalation breath temperature. The states could monitor the subjects' temperature and use the actual number but most except Alabama have chosen not to do so. When the actual breath temperature is higher than 34 degrees, the machine gives an artifically high result. - BobKeefer: Harrisonburg DWI DUI & Drunk Driving Lawyer: Nystagmus has many causes besides alcohol [PDF]
A chapter from a medical textbook setting out many of the possible cause of nystagmus besides alcohol in the blood. - Bob Keefer: Harrisonburg DWI DUI & Drunk Driving Lawyer: The DFS Maintenance Manual for the I5000 (Intoxilyzer 5000) [PDF]
DFS, over strong objection, under court order, surrendered this maintenance manual to counsel in a case in a Virginia Circuit Court - Jan Semenoff: Examining Evidentiary Issues in Forensic Testing [PDF]
There are significant problems with determining blood alcohol content through the indirect method of determining breath alcohol content and the extrapolating back to blood. - The Trial Process—An Overview
Here's an overview of the various aspects of the DUI/DWI trial process. Understanding the process may help you feel less overwhelmed by this difficult ordeal. - Are Field Sobriety Tests Accurate?
Researchers have found that the police officers are much more likely to overestimate a person’s BAC on the basis of field sobriety tests than underestimate it. Put another way, field sobriety tests made subjects appear more intoxicated than they actually were in the minds of the police officers. While it might sound unfair or exaggerated, the legitimate scientific studies on field sobriety tests point towards an unsettling conclusion: field sobriety tests are designed to make people fail. - What to Expect During a DUI or DWI Stop
Being pulled over for drunk driving can be frightening, even if you know that you are not drunk. This article explains what you should expect during a DUI or DWI stop, as well as your legal rights. Contact 888-DUI-Answer or 888-DWI-Answer today if you have been arrested for drunk driving. - Is It Possible to Get Out of a DUI or DWI Charge?
Many drivers have been stopped at a sobriety check point and have taken one of the three standardized sobriety tests. Find out more about possible defenses regarding the DUI field sobriety tests. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI. - How Blood Tests Work in DUI and DWI Cases
Blood tests are often used to measure your blood alcohol content if you are being accused of DUI or DWI. This article explains how these tests work and the problems with the results. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI. - Diabetes Can Give an Inaccurate BAC Reading
Police officers often wrongfully assume that diabetics experiencing hypoglycemia are intoxicated. Even if a diabetic is not drunk, he or she may still fail field sobriety tests, including breath tests. This article explains how diabetes can be mistaken for intoxication. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI. - Results from Breath Tests in DUI Cases are Sometimes Inaccurate
Breath tests are commonly used to measure the blood alcohol content of a driver. However, breath testing equipment can give false readings. This article reveals some of the most common factors that skew breath test results. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI. - When is DUI a Felony Offense?
Many drivers who have been accused of DUI or DWI worry that they will be charged with a felony. In most circumstances, DUI or DWI is charged as a misdemeanor. This article explains the various scenarios that determine when the offense is a misdemeanor versus a felony. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI. - The Horizontal Gaze Nystagmus Test Used in DUI Arrests
The HGN test is one of the three field sobriety tests administered by law enforcement officers. This article reveals the details of this test, as well as the flaws associated with the HGN test. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI. - Ignition Interlocks for First Time DUI Offenders is a Heated Topic
Many states have changed the laws regarding ignition interlock systems and are now requiring first time DUI offenders to install these devices in their cars. Find out more about the heated argument regarding ignition interlock systems and first time DUI offenders. Call (888) DWI-ANSWER (394-2679) or (888) DUI-ANSWER (384-2679) if you have been arrested for DUI or DWI. - What To Do If You’re Pulled Over And Arrested For DUI
Here’s the straight story on what to do if you’re pulled over and arrested for DUI. - Why You're Being Charged With Two Offenses
It’s a little known fact that every state has two separate drunk driving offenses: one for driving under the influence of alcohol, and one for having a blood alcohol level above the legal limit (0.08%). But here’s where it gets interesting, not to mention highly controversial. In most states, a person can be (and usually is) charged with both offenses at once. - Drunk Driving Versus Cell Phones
We vilify drunk drivers. In many people’s minds, drunk drivers are so selfish, so lacking in self-control, that they are willing to put innocent people’s lives at risk. Although talking while driving doesn’t set off the same moral alarms for most people, the science is clear: using a cell phone in the car is equally dangerous as the drunk driving, if not more so. - How a DUI Can Keep You Out of Canada
If you were planning a trip to Canada, and you have a DUI or DWI on your criminal record, you may want to change your plans. Or, at least, you may want to learn a few things about Canadian immigration law first. - Have you or someone you know been arrested for DUI?
If you’ve recently been charged with a DUI, the first thing that’s taken away from you is probably not your driver’s license. It’s your peace of mind. If you or someone you know were recently arrested for DUI, now is critical time.Don’t wait another second to put your mind at ease. - DUI and Your Miranda Rights
Police officers are only legally required to read you your Miranda rights after placing you under arrest and before continuing to interrogate you. But before arresting you, the officer can ask you questions in order to get you to incriminate yourself. And this loophole is exactly how police officers get around the Miranda requirement. - DUI License Plates—A Shameful Trend
Several State legislatures—including those of Ohio, Iowa, Minnesota and Oregon—have added a new, imaginative punishment for those convicted of DUI or DWI: special, brightly colored license plates.In principle, the idea is cruel, unfair, excessive and extremely problematic. In practice, it would be far worse. - Proof in a DUI Trial
How do prosecutors prove that a person was intoxicated while driving? The answer is: they don’t, because they don’t have to. - Is slurred speech a good indicator of intoxication?
Is slurred speech a good indicator of intoxication? Yes and no. Yes in the limited sense that intoxication is indeed a common cause of slurred speech. However, this does not mean that it is possible to judge, with a high degree of reliability, that a person is above the legal limit simply based on listening to them talk. - How Police Officers Influence Breathalyzer Results
Knowingly or unknowingly, police officers often influence the results of breathalyzer tests, resulting in inaccurately high readings. To understand how, we have to review some facts about how breathalyzers work. - Driving Under the Influence of Bread and Binaca
Research has shown that breathalyzers can't distinguish between alcohol that comes from drinking, and alcohol from other sources. Mouthwash and, strangely, bread can both result in high breathalyzer readings. This is just one of many problems with such devices, and this potential for inaccuracy has undoubtedly resulted in innocent people being arrested. - Alcohol Impairment Chart
- Pretrial Motions—How Your Lawyer Will Shape the Trial in Your Favor
After your arraignment, the process of arguing your case will begin. After your attorney has thoroughly reviewed the facts, the next step is to file pretrial motions. A motion is a document that your attorney files on your behalf asking the Court (i.e. the judge) for a certain action. There are several different types of motions, each with a different goal. But filing successful motions, no matter what the specific type, will help you and your attorney to shape the trial process in a way that benefits your case. - Expert Witness Testimony in the DUI Trial
At some point during your DUI/DWI trial, your lawyer will probably decide to call an expert to testify. Experts can be called to testify about the chemical tests, field sobriety tests, accident reconstruction, and other scientific aspects of your case. - The DMV Hearing and Drivers License Suspension
Many motorists arrested for DUI/DWI do not understand the relationship between their criminal case and the DMV. Arrests for driving under the influence trigger two separate cases: the criminal case and the DMV case. - FACT VS. FICTION—SIX MYTHS ABOUT DUI
Driving Under the Influence (DUI) is one of the most common criminal infractions reported, but it is also one of the most misunderstood. Among the public, and even among many attorneys, the truth about DUI is riddled with myth. The unfortunate result is that many of those who are accused of driving under the influence do not know their rights. And because they do not know their rights, they do not obtain adequate legal representation and they receive unfair and unjust penalties, regardless of whether they are guilty or innocent. Let's set the record straight on some common and damaging misconceptions. - How to Avoid Being Pulled Over
There are preventative steps you can take to avoid being pulled over in the first place. Many of these steps will help you avoid making the driving mistakes that might lead a police officer to suspect that you are impaired and decide to pull you over. - Myths About DUI Lawyers
When looking for an DUI/DWI attorney, many consumers fall prey to myths and misconceptions and they wind up picking a lawyer who is not qualified to meet their needs. Here are a few of the most common myths. - How To Pick a DUI Attorney—Know What Questions to Ask
When looking for a DUI attorney, you will want to speak with a number of different attorneys who might represent you. This kind of consultation is usually free. The most important thing to remember when speaking with a potential lawyer is not to be afraid to ask questions. The best and most qualified lawyers will welcome your questions and they will take it as a sign that you have done your homework. - The Costs of a DUI Arrest
If you have been arrested for driving under the influence, you have probably realized that the costs of a DUI/DWI arrest are great, both emotionally and financially. Although the emotional and psychological costs of a DUI arrest are different for everyone, but when it comes to the money, everyone is in the same boat. - How Sobriety Checkpoints Work
While most DUI/DWI stops are made by individual police officers on the road, there may be times when you encounter a sobriety checkpoint. There are a number of rules—created by the State Supreme Court—that govern how sobriety checkpoints are set up and conducted, rules that you should be familiar with. - The Unreliability of the Breath Test
The breath test is the most common test that people are asked to take once they are taken to the police station, but it is also highly susceptible to error. If the test is not taken just right, then it will not accurately measure your blood alcohol concentration and your lawyer may be able to persuade the judge to throw it out. - Should We Lower the Drinking Age?
Lowering the drinking age should not be up for debate. Teenagers who drink are not only a danger to themselves, but to others as well, especially when driving.
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Recovery for victims of DUI drivers:
- Discovery of Police Records
Driving under the influence (DUI) prosecutions usual rely heavily on the testimony and credibility of police officer witnesses.
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California DUI Law:
- California DUI Law
California was second only to Texas in 2004 for number of alcohol related traffic deaths.
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