What to do about a possible re-file of DUI charges that were dismissed?

UPDATED: Aug 15, 2012

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What to do about a possible re-file of DUI charges that were dismissed?

I was arrested for allegations of DUI. I won the hearing due to the officer not showing up and the case was dismissed. I did not do the field sobriety tests but was warranted to provide a blood sample. The sample was slightly over 0.15 outside the two hour time frame. I’m hearing retrograde. However, they dropped the charges.The prosecutor dropped the charges but are stating they are going to refile and add charges the charge extreme DUI. Is this even allow? Wouldn’t it go to a higher court?

Asked on August 15, 2012 under Criminal Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

Apparently the charges were dismissed without prejudice because the cop was not there, but leaving them free to refile.  You should probably hire a DUI attorney to cut a deal for you.

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