QUESTION

If I'm not getting cited, does that mean I'm not going to be charged with a DUI?

Asked on Feb 25th, 2013 on DUI/DWI - California
More details to this question:
I was in an accident on February 2, 2013. Upon arrival of the police, they asked if I was drinking, I said yes. I was taken to the hospital and taken care of. No jail time at all. While at the hospital, one of the officers said he had to take my license. I allowed him to do so. I acquired a copy of the police report and found, after reading it all, that it said, "P-1 was not cited, but a complaint was forwarded to the DA." However, when I went to the DMV, they said that I had a DUI and that I would have to serve a hard suspension of 30-days of my license (which doesn't start until March 4, 2013). If so, will that mean I can get a new license?
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4 ANSWERS

No it means you must appear in court when notified to do so. After the 30 day suspension you can get a restricted license to and from work, to and from the DUI classes and in the course of work if you drive as a part of your job. You must enroll in the DUI class and prove to the dmv that you have insurance and finally, pay a reissue fee.
Answered on Mar 06th, 2013 at 12:36 AM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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You should keep your eye on your mail and contact the local DA, despite the fact that you were not cited or arrested your license was taken which suggests that you were above .08, the fact that there was an accident while you were above .08 makes it very likely the DA will file charges. The procedures followed by DA's in your situation will vary depending upon their individual policy and the county these charges will be filed. You may be notified by mail of the date, place and time for your arraignment or the DA may simply issue an arrest warrant. A local attorney can help you with the procedure followed by your local DA office, may be able to intervene and prevent charges from being filed, prevent the issuance of an arrest warrant, get the charges reduced, defend your case or otherwise reduce the impact of this on your life.
Answered on Mar 04th, 2013 at 2:30 PM

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Geoffrey MacLaren Yaryan
You can be charged with a DUI without being cited especially when you are injured and must go to the hospital. Either the DA will send you a letter telling you to attend court on a certain date, or in other cases a warrant will be issued.
Answered on Feb 27th, 2013 at 8:03 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Get a new license. Contact DMV to determine what their orders and rulings re on your case. Only they know the answer to your question. Does that mean I'm not going to be charged No. The prosecutor has a year to file charges and notify you of your court date. You already were told a complaint was forwarded to the DA. Those DUI charges will most likely be a felony, since you caused an accident with injury. WHEN those felony DUI charges are filed, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Feb 27th, 2013 at 7:33 PM

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