How Long Do Police Have to File DUI Charges in CA?
A traffic stop leading to potential DUI charges is stressful—and when you don’t know whether or not charges are coming, the anxiety can take over your life. It’s crucial to work with an experienced DUI defense law firm to protect yourself from all possible outcomes. That’s where the team at the Law Offices of Robin D. Perry & Associates comes in.
At the Law Offices of Robin D. Perry & Associates, we are passionate about protecting our clients’ rights and freedoms when they are facing criminal charges. Robin D. Perry, one of the premier attorneys in Southern California, has spent more than 2.5 decades advocating for clients like you. Find out how we can help you with your DUI charges by calling our Long Beach DUI defense lawyers at 562-216-2944 or by visiting our law firm at 100 Oceangate, Long Beach, CA.
Understanding the Statute of Limitations for DUI Charges
The term “statute of limitations” refers to how long the legal system has to file charges against a suspect or perpetrator. The statute of limitations varies for different crimes; for example, some are unlikely to be discovered right away, and others may not come to light for decades. Consider, for example, homicide cold cases—it can take decades for police to get the tips they need to find the guilty party and hold them accountable.
Luckily, you don’t have to be on pins and needles waiting for decades to see if you’ll be charged for driving under the influence. If the offense is a DUI misdemeanor, the state of California generally has one year from the date of the offense to bring charges against you. However, if the state is pursuing felony charges against you, they have three years to file charges against you.
Knowing the possible timeline can help you decide your next steps with a DUI defense attorney after a traffic stop.
The Role of Police in Filing DUI Charges
When the police arrest someone for driving under the influence, they have to clear certain hurdles before charges can be filed. A big part of their job is gathering, documenting, and verifying evidence from the arrest. They may need to verify the validity of Breathalyzer results, fully document any sobriety tests the arrested party consented to, and make notes on any observations that led to the traffic stop or subsequent arrest.
After the police finish documenting their observations and the evidence they’ve collected, they pass it along to the prosecutor’s office. The prosecutor reviews the strength of the evidence and the case in general before deciding whether or not to file charges. If the evidence is weak or they think a conviction is unlikely, they may decide not to press charges. If the evidence is strong and they feel like their odds of a conviction or a solid plea deal are strong, they may move forward with charges.
In case you are wrongly arrested for DUI, you may also want to seek legal assistance from a police misconduct lawyer.
Delays in Filing DUI Charges
A number of factors may lead to delays in charges filing. The legal system can get extremely backlogged, especially in busier jurisdictions like those in Southern California. Even when prosecutors receive case files in a timely manner, it may take them weeks or months to process them accurately.
Gathering evidence can also lead to delays. For example, if a suspect undergoes blood testing to determine their BAC, lab results may take time to come back. In more complex cases, the police may need to speak to witnesses, get injury reports for victims if the suspect caused a crash, or get more information if there are extenuating circumstances that complicate the investigation.
We understand that these delays can be stressful—when you’re already dealing with the uncertainty of a DUI arrest, not knowing whether or not you’ll face charges can make it difficult to focus on anything else. That’s why we recommend talking to a DUI defense law firm as soon as possible after an arrest—you can get a better understanding of the strength of the case against you and get more information on the potential outcomes of your case.
Contact the Law Offices of Robin D. Perry & Associates Today—Our DUI Defense Attorneys Are Here to Help
Protect your future and your civil rights with the Law Offices of Robin D. Perry & Associates. Set up a time to talk to a DUI defense lawyer now by calling us at 562-216-2944 or sending us a message online.
Attorney Robin D. Perry has been part of the Long Beach Community for over 25 years handling business litigation, employment litigation and advising, criminal defense, personal injury and code enforcement defense for businesses.
