I was arrested for 2nd dui leaving the scene and denial of breathalizer..the prosecution didnt except the police report and my arraignment has been on hold until further notice..my question is how long can they hold me on bail?
Answer
A charge has to be issued by the prosecutor within 6 years of the crime date. But in your situation, you might have left out a detail or two. If you refused the breath test at the police station, that is not a "charge" but may have resulted in a search warrant for a blood sample that would be tested by a lab. If that happened, it can take weeks for blood-alcohol test results to come back ... but can now take up to a year for drugs-in-the-blood-sample to come back. In an OWI case, your blood-alcohol level is important evidence, as well as any controlled substances (drugs). That might be what is delaying the charges.
I think you can easily be held up on bail for a year or as long as report doesn’t come. If you want, your lawyer can speed up things but when I worked for a Los Angeles DUI attorney, I saw this being a common tactic among the lawyers to win the case in their client’s favor. So nothing much to worry!
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