I was involved in a traffic accident and charged with a dui of .08 or higher in September of 2013..a month later, October 2013, I received a letter saying the charges were dismissed without prejudice..now last week, June 2014 (9 months later), I received a letter saying a complaint has been filed against me and I am being charged with a drug dui..What's your opinion on this and do you have any advice for me?
Answer
This is not the appropriate setting for legal advice and I suggest you contact an experienced criminal lawyer since you are facing mandatory jail if convicted.
A DUI drugs case is a misdemeanor and the statute of limitations permits the state to charge you with a crime within that 12 month period.
It is common for the state to dismiss a DUI case without prejudice while it awaits the lab analysis of the blood to confirm the presence of drugs or alcohol. So long it was done within one year you may be prosecuted for the crime.
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