Received a DUI Dismissal: Can They Refile Charges?

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If you were charged with a DUI that has been dismissed, then the terms and circumstances of the DUI dimissal will determine whether charges can be refiled or not. If the charges were dismissed after the prosecutor had insufficient evidence or after a judge or jury found you innocent, double jeopardy can attach and the charges won't be able to be refiled- just like with any other criminal charges. However, if the charges are dismissed early on, without prejudice, then chances are the police and prosecuting attorney can refile the charges.  As long as they refile within the statute of limitations of your state then a DUI dismissal refile charges situation is well within the bounds of legality.  In this situation the best thing to do is to contact an attorney.

A DUI Dismissal

  • Dismissal of your DUI case does not necessarily mean that you are not guilty of driving under the influence of a substance.  
  • A dismissal merely indicates that the case was dismissed for some reason.  Usually, a case would be dismissed if neither the prosecution nor the police could adequately provide information to prove the DUI beyond a reasonable doubt.
  • In order to prove a DUI, regardless of the state that you reside in, the arresting officer and the prosecution would need to satisfy all factors relevant to the DUI.  You will need to check with your state in order decide what factors must be proven beyond a reasonable doubt.  If these factors are not all fully proved, then the case can and will be dismissed.

Refiling DUI Charges

You will want to do a bit of research to find out what your state’s statute of limitations is regarding refiles a DUI.  For example, if you live in the state of Texas, then the statute of limitations is two years for misdemeanors and three years for felonies.  So, when it comes to refilling a DUI charge then the state would generally need to refile a formal  DUI charge within either two to three years.  There are, however, some situations where the statute of limitations can be extended by the judge.

As long as this time period has not ended, and as long as your case was dismissed early on without prejudice, you must know that just because your DUI was dismissed, it does not mean that you are free and clear.  Where there is probable cause lingering, then there is a possibility that charges can be refiled against you if the prosecutor can get sufficient evidence to prove his case.

Getting Help

For more information on DUI charges being refiled, you will need to speak with a lawyer in your area who specializes in DUIs.  An attorney can explain to you whether there is a chance of the charges being refiled in your situation and, if so, what you can do to be prepared if this occurs.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

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