DUI CHARGES CAN BE FILED UP TO ONE YEAR AFTER A DUI ARREST
When a person is arrested for suspected misdemeanor DUI, he or she is typically booked at the police station, issued a citation to appear in court, and released once someone comes to pick them up. The citation to appear in court concerns the criminal charges, not the DMV administrative sanctions. The citation advises the arrestee of the court location and date in which he or she is to appear. If the arrestee does not appear on that date, a bench warrant for his or her arrest will probably be issued. The bench warrant is usually recalled once the person does appear in court.
But what if the person appears in court on the date and time stated on the citation and the clerk informs him or her that the case is not on the court’s calendar. It happens. Unfortunately, that doesn’t mean that the arrestee somehow lucked out and the criminal charges disappeared. Rather, what it probably means is that prosecutor just hasn’t gotten around to filing the charges.