When a driving under the influence (DUI) charge is dismissed, it is not always the end of the case. In Los Angeles, DUI charges may be brought back up after they are dismissed. It will depend on how the charges are dismissed.
If you’re unsure if your charges can be refiled against you, or if you’re currently facing DUI charges, a Los Angeles DUI lawyer can help. Our team is available to schedule a free consultation when you call (310) 896-2724.
The Court Can Reinstate Some DUI Charges in Los Angeles
The prosecution can bring back some DUI charges after they are dismissed in California. This depends upon how the charges were dismissed. Judges can choose to dismiss charges:
- Without prejudice
- With prejudice
Judges dismiss charges without prejudice to give the prosecution more time to build a case in some situations. The court can also dismiss charges without prejudice if they should be handled in a different jurisdiction. These charges can be re-filed.
Charges dismissed with prejudice cannot be brought back. The court declares a charge finished by dismissing the case with prejudice here in Los Angeles.
Why Some DUI Charges Are Reopened in Los Angeles
Sometimes, the prosecution will request that charges be dismissed without prejudice. Dismissing a case without prejudice allows the prosecution to gather more evidence. They can use the evidence they gather to make a stronger case.
For example, the prosecution may want to wait until the results of your blood alcohol content (BAC) tests come back. This could take weeks or even months in some cases. Once the prosecution has the results of your BAC testing, they can re-file DUI charges against you.
Outcome of Getting DUI Charges Dismissed with Prejudice in California
A judge can dismiss DUI charges with prejudice if your defense successfully presents a motion to dismiss. In this situation, you can no longer face criminal charges for the DUI offense. A dismissal with prejudice will permanently end your case.
A DUI lawyer in Los Angeles can file a motion to dismiss for you. Lawyers can file this motion before your criminal trial even begins,
Dismissed Charges Should Not Be Used Against You
Some drivers worry that a dismissed DUI charge will be used against them. This is because DUI charges are priorable in California. All DUI convictions will count against you if you are accused of a subsequent DUI.
Drivers with multiple DUIs will face:
- Higher fines
- A longer period of incarceration
- Increased restrictions on their driver’s license
However, a dismissed charge is not the same as a conviction. Drivers who have their charges dismissed will not have a priorable conviction on their record. This means that a past DUI dismissal should not count against you.
Let Us Handle Your DUI Charges in Los Angeles
Members of our team can help you get your DUI charges dismissed. We’ll work to get your charges dismissed with prejudice. We can also support you if the prosecution re-files charges dismissed without prejudice.
Our Los Angeles DUI attorneys can also help by working to get your charges reduced to an acceptable level. This could require you to accept a plea bargain from the prosecution. We can review all plea bargains offered to make sure they are fair to you.
Additionally, we can support you in court if the charges are brought to court. Our team can work on your defense by showing that:
- You were stopped without reasonable cause
- You were not impaired by alcohol
- You were given an incorrectly administered BAC test
Find out more by contacting us for help right now.
Find Out if DUI Charges Come Back After Getting Dismissed
If you’re unsure if your charges can be refiled against you, or if you’re currently facing DUI charges, a Los Angeles DUI lawyer can help. Contact our experienced DUI lawyers for help and we’ll review your situation today with a free consultation. Contact us by calling (310) 896-2724 or filling out our online contact form.