Being arrested for DUI but not immediately charged is relatively common. The several reasons why someone may be arrested for DUI but not charged.
Arrested for DUI But Not Charged
Table of Contents
Arrested For DUI- No Blood Test Results
- Some police departments do not issue citations when the only chemical test is a blood test. Those departments include the Gilbert Police Department, the Maricopa and Pinal Sheriff’s Departments and the Arizona Department of Public Safety Those departments may arrest someone for DUI and then released with them no citation. Testing blood samples for alcohol and drugs can take several months. Once they have the test results those departments send the results to the prosecutor. The prosecutor then decides whether to file charges in court not not.
Arrested For DUI- Possible Felony Charges
Police officers can issue the arrested person a citation for misdemeanor charges but not for felony charges. If the case might be a felony the police officer often do not charge the person at the time of arrest but rather submit the information to the County’s Office for review for possible felony charges. That review process can take over 1 year. Possible felony charges are:
Aggravated DUI
These Aggravated DUI charges can include driving while impaired and:
- Child in the vehicle
- Wrong Driving on a Highway
- Driving with a suspended or revoked license, 2 DUIs in the past 84 months or driving without a required interlock device.
Aggravated Assault or Homicide
Aggravated Assault or Homicide in the event of an accident with serious injuries or death.
Felony Criminal Damage
Felony Criminal Damage if there was an accident with substantial property damage.
Wrong Jurisdiction
Occasionally during Holiday Task Force situations, officers work outside there normal jurisdictions, such as Mesa Police officers working in Avondale. The offices may issue misdemeanor DUI citations but citations are not for the court with jurisdiction for the case. These cases can later be refiled in the correct court.
Another practice is for officers to issue citations but when the defendant appears in court as ordered there is no case. This known as “Scratch” cases. This is common on felonies when the county attorney wants more time to review the case before going forward with prosecution. It can happen also happen when officers do not file copies of the citation with the court.
Misdemeanor DUI must be filed in court within 1 year of the date of the incident and a felony within 7 years. Once charges are filed the courts usually send a summons to the defendant to appear at an arraignment. If the defendant fails to appear at the arraignment an arrest warrant is issued. If you have been arrested but not charged, you can periodically check court records online at Maricopa County Justice Courts and Arizona Supreme Court’s Public Access.
Arrested for DUI- Should I hire a Private Attorney Now?
Can I represent myself?
Anyone can represent themselves on any misdemeanor crime charge. When arrested for DUI the most important goal is to minimize the the effects on you and your family. If you can do that yourself then you do not need a lawyer. To best represent yourself you will have to be able to negotiate with the prosecutor to get best the plea offer. If that does not work then you must be ready to represent yourself in a jury trial. You will have to deal with the MVD, which often makes mistakes. You will have to anticipate and minimize, all of the possible effects of the DUI on you and your family. Keep in mind the judge, prosecutor and MVD staff may be very polite and cordial, but their job is not to help you. They do not represent you and cannot give you legal and or advice on other problems you may encounter.
Should I get a Public Defender?
What Should I Consider When Hiring a Private Attorney?
Questions to Ask Private DUI Attorneys
- DUI Attorney Cost- Is it an hourly or flat fee agreement?
- DUI Attorney Cost- If an hourly agreement, how much per hour?
- If a flat fee does the agreement say you can discharge the lawyer and request a full or partial refund?
- If a flat fee is it a full flat fee or a partial fee agreement?
- If a full flat fee agreement does it include a jury trial? if not, why not?
- If a full flat fee agreement, does it include all MVD hearings?
- If a partial flat fee agreement, how much is the trial fee and is it a trial fee for each trial?
- If a partial flat fee agreement, does it include all MVD hearings and if not what is the those fees?
- Does the agreement call for paying interest on the balance due?
- DUI Attorney Cost- Are there late fees?
- Does the agreement have a cost to change the monthly payment amounts or method of payment?
My DUI Flat Fee Agreement- Affordable Payment Plans
I offer one all inclusive DUI flat fee agreement with
- Reasonable payments plans individualized for each client’s ability to pay;
- No set mandatory minimum monthly payment amounts for all cases;
- Payment amounts are made for each client so we can agree on a month plan the client can afford;
- No interest on payment plans balances;
- No fee to change the monthly payment amount or payment date.
- All MVD licensing hearings and problems
- All court proceedings including jury trials
- Help with court ordered and MVD sentencing requirements
- Help with other collateral consequences.
Arrested for DUI- How Long does it take to get Blood Samples tested?
How long testing takes depends on which agency the arresting officer is with, is the test for alcohol only or drugs and what crime lab is doing the testing.
Some Arizona municipal and county police departments analyze DUI blood samples for alcohol. Those departments include the Phoenix Police and the Maricopa County Sheriff’s Departments. Many departments send their blood samples to other crime labs, such as the Department of Public Safety (DPS) Lab for analysis. Most departments send samples to be tested to drugs to other crimes, most commonly to the DPS. The Phoenix Police Department Crime Lab does its own testing.
Testing samples for alcohol and and drugs is done in batches of up to 60 tests at a time. Crime labs often wait until they have at least 25 samples to test at a time. If the crime lab serves a police agency which does not do many DUI cases it takes time to get enough samples to put together a batch to test. Alcohol testing can be done much quicker than drug testing because more samples are tested for alcohol alone. The Phoenix Crime Lab tests samples within a few days of when it receives the sample. When a police department such as the Chandler Police Department tests for alcohol the testing can be completed within 2 weeks.
The time it takes to get your sample tested depends on:
- Which agency arrested you
- Which Lab is doing the testing
- Is your sample is being tested for, alcohol only or drugs.
With all this in mind it can take anywhere from a few days (Phoenix alcohol testing) to several months (DPS drug testing) to have your sample tested..
Arrested for DUI- Will My Mugshot Appear online?
If you were booked into the Maricopa County Jail your mugshot may show up online for several days. If you booked into the Pinal County Jail your mugshot may appear online for a long time.
Arrested For DUI- What will happen to my Driver’s License?
- Admin Per Se Suspension. A 90 days suspension caused by the chemical test results. For some suspensions a restricted license is possible.
- Implied Consent Suspension. A 1 year or 2 year suspension for refusing to submit to requested chemical tests, blood or breath. A restricted license may be possible for a 1 year suspension.
As a DUI Lawyer I know an arrest for a DUI or other criminal charge means you are no longer in control of your life
You may have to:
- Stop driving
- Attend many court and counseling sessions, thus jeopardizing your job
- Serve jail time
- Drive only a vehicle equipped with an ignition interlock device for years.
Since 1979 as a DUI Lawyer I have helped over 5000 DUI & Criminal law clients take back control of their lives
- I prevent the immediate suspension of my client’s driver’s license
- I limit their appearances for court and counseling
- I use my 47 years of experience to try to get the Best Result possible: for my clients. The best result could be a dismissal, a reduced charge or trial verdict of not guilty
- If there is a conviction, I help my client avoid or lessen the many adverse consequences of a conviction.
My job as a DUI Lawyer is to see the DUI each case through my client’s eyes
All of my clients are unique individuals. An arrest my trigger actions which are different for them than my other clients. My job is to anticipate and minimize the consequences for each client and their family.
I have designed my DUI Attorney practice as if I were the client
If I were the client, I would expect my lawyer to do? I would expect my attorney to keep me fully informed as the case progresses. I would want my lawyer to anticipate problems I was not be aware of. I would want my attorney to help me do whatever the courts and MVD said I had to do. Because that is what I expect, this is what I provide to my clients. Personalized Service is my responsibility alone.
DUI Lawyer E-Service
- I use Encrypted email with HIPPA level security used to send information to my clients
- Text messaging for notices & reminders
- Secure online client access to dash or body camera videos
- One-click secure & convenient video conferencing available.
My fee agreement contains no hidden fees or costs or trial fees. All-Inclusive Reasonable Flat Fee with affordable payment plans.
A better outcome for your DUI or other Criminal Charge than you think may be possible.
Call Now For Your Free Consultation!
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