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.