I was arrested for DUI in Orange County by CHP and then released and told that the DA refused to prosecute and dropped the charges. My friend was told the same thing by the clerk when he went to bail me out. I did not do a breath test or a field sobriety..I just drew blood. Could it be that they didn't have blood results? And know that they have them 2 days later, they're gonna reopen the case and charge me? This seems odd to me.
Answer
If I understand your question correctly, it may seem odd but is it most likely proper.
Blood test results are not immediately available. It may take weeks. If you did not complete any road side test perhaps the DA does not feel it has enough evidence to proceed a this time. They may be waiting until the test results come in. I do not know what you mean "[a]nd know that they have them 2 days latter." Do you mean they did get the results and then charged you? If so, that is well within the time period to charge you.
Answer
Mr. Kane is correct. This does not mean they will or will not file charges at this point. Too soon to tell. They have one year from the date of arrest. Check with a local attorney to see if it's likely the DA will send out a notice of a new court date if and when they file charges, or if a warrant is issued. In any event, a DUI lawyer could regularly check with the court so you may want to so engage. Good luck.
Here's some common Blood Test Defenses IF they file: http://www.sandiegodui.com/blood.html. Hope you do not need them as no initial filing may be good news.
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