If you have had the misfortune of being charged with DUI, then the fortune of having the DUI dismissed, can the case be refiled? Answer: Depends (yep, typical lawyer answer).
First there are different types of dismissals.
If you win a trial (ie. Jury renders a verdict of "not-guilty) then, barring any action by the prosecutor, the case can not be refiled.
Similarly, if your attorney brings a motion to dismiss and the Judge rules in your favor (and the case is dismissed), then the case is dismissed with prejudice and the case cannot be refiled.
However, if the State (or City) dismisses your case "without prejudice" then the case can be refiled at a later date. Importantly though, if the case is refiled then it is critical to determine how much speedy trial is remaining because if the State or City runs out of time to take the case to trial (90 days in you are out of custody). Whatever time has been used in this 90 day period (assuming you are out of custody) previously is calculated into the speedy trial when the case is refiled. If you have the case refiled your attorney must object to future court settings when you are arraigned a second time.
Incidentally, sometimes cases are dismissed without prejudice by prosecuting attorneys if they have witness problems and want to preserve the case or if they are cosidering refiling the DUI as a felony.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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