Were you charged with driving under the influence (DUI) in California? Is so, your charges could get dismissed by the judge. Many drivers wonder if dismissed charges may come back up. Some dismissed charges may come back. However, this only applies to certain charges.
Keep reading to find out why some charges may be brought back up after a dismissal. Get information about DUI charges and your methods to resolve them.
The Court Dismisses DUI Charges in Two Ways
Not all DUI charges in California are dismissed in the same manner. These charges may be dismissed:
- With prejudice
- Without prejudice
Charges dismissed with prejudice may not be filed against you again. Once a charge is dismissed with prejudice, the case is over. The prosecution may not pursue further charges against you in the future. However, this does not apply for charges dismissed without prejudice.
Charges dismissed without prejudice may get revisited by the prosecution. You could get convicted on a charge dismissed without prejudice if the prosecution re-files the charges against you.
Some Charges Are Dismissed with Prejudice
The court may dismiss your DUI charges with prejudice. This means that the court has decided that your case cannot proceed. For example, the court may determine that there simply isn’t enough evidence tied to your DUI case. They may then dismiss the charges with prejudice.
The court may also dismiss charges if they lack the jurisdiction to handle the charges. Sometimes charges are filed in the wrong venue. This could also result in a dismissal with prejudice. Regardless of the reason, a charge dismissed with prejudice cannot be brought against you again.
Your Charges Could Be Dismissed Without Prejudice
In many cases, DUI charges are dismissed without prejudice in California. The prosecution may refile charges if they are dismissed without prejudice. The judge may dismiss your charges without prejudice in order to allow the prosecution to correct any technical issues with their case.
This means the prosecution may gather additional evidence. They may focus more on building a case against you. After this, they may refile DUI charges. You would have to handle these charges again in this situation. A DUI lawyer could help if your DUI charges are brought back up. Call (310) 997-4688 if your charges were dismissed without prejudice.
Handling DUI Charges That Are Brought Back Up
You should know that the prosecution may not keep bringing your DUI charges up over and over again. Generally, the prosecution only has a year to file charges against you for a misdemeanor. After this year expires, you should not face charges.
However, let’s say your DUI charges were brought back up within a year. A DUI lawyer could help you in this situation. A lawyer may work to resolve your charges outside of the court system.
Many DUI charges are resolved with a plea bargain. Plea bargains are deals offered by the prosecution. They require you to plead guilty to a less serious criminal charge. You then face less significant penalties for your conviction. After you accept a plea bargain, your charges are done.
Defend Yourself From DUI Charges in California
You may also choose to fight a renewed DUI charge in the court system. A lawyer may investigate your case to build your defense. Your lawyer may work to block evidence against you. A lawyer may also dispute the results of a blood alcohol content (BAC) test. These tests may return incorrect results if:
- They are not stored properly prior to use.
- They are not used quickly enough after a traffic stop.
- They are not performed with the correct care by law enforcement.
- They are not assessed correctly by the lab.
Your lawyer may even work to show that you were stopped by a police officer without due cause. Officers are not supposed to stop you unless they have reason to believe you were committing a crime. Consider all of your options for a defense with a DUI lawyer. Getting a not-guilty verdict allows you to successfully resolve a DUI charge.
Talk to a Lawyer if DUI Charges Are Brought Back After Being Dismissed
Some DUI charges may be brought back after being dismissed in California. Any charge dismissed without prejudice may be brought back. You can get help in this situation from the Simmrin Law Group. Contact us now and work with a DUI lawyer. We may answer your questions today with a free consultation.
Call us at (310) 997-4688. You can also complete our online contact form. Start getting legal help in your corner if your DUI charges were dismissed without prejudice.