What happens to the DUI case if no charges are filed against you at your arrainment, how does this affect your DMV hearing.

Unfortunately, this has NO effect

This is best discussed with your attorney.

Correct, the DA has one year to file a misdemeanor DUI charge against you. That time starts from the date of arrest. As for the DMV, unfortunately, there is no affect on the DMV. You must still fight the DMV case, otherwise, you risk license suspension despite not having a DUI conviction. HOWEVER, there is somewhat of a work-around. If the DA does not file charges, you could request that the district attorney complete DMV form DS-702, if you lose your DMV Hearing. Submitting that form to the DMV within 1 year from the Date of arrest will essentially give you a new hearing, and will provide the DMV with reasoning why the DA never filed the case - lack of evidence, etc. The only problem is that, if the case simply fell into the cracks, you could be tipping off the DA to file. This is because of the statute of limitations period, and the fact that the DMV requires that you submit the DS-702 form before 1 year from the date of arrest. If you fail to submit the form in time, you are not entitled to a new hearing. Here's a link to more information about the "Dismissal" hearing process...

The DMV case and the court case are rarely related, so the failure to file the case in a timely fashion for the arraignment is highly likely to have no effect on the DMV matter.

No effect! Get an attorney for DMV hearing.

It would be nice if that was the case, but its not. The DMV (Ad per se) hearing is completely independent of the court process. However, whatever issues may have led to the case not being filed may be a defense in the APS action. You can still be suspended from the hearing even though a case isn't filed, but you wouldn't be facing jail, or fines or probation from the court.

The court case (if it is ever filed) and the DMV administrative proceeding operate independently of one another. So absent something very unusual, the DMV hearing will proceed even in the absence of a criminal filing. Contact an attorney to help you--many of us on provide a free consultation.

You should discuss this with your attorney. If you don't have an attorney, I would suggest that you seek an experienced local DWI attorney immediately. .com has a Find a Lawyer feature at the top of this page which could help you with this search. Good Luck.

Nothing happens to DMV if no charges are filed at arraignment. It's a little like comparing apples and oranges. The DUI case is a criminal court matter, while the DMV hearing is administrative hearing before an administrative judge. The DMV hearing is completely independent of your criminal court case. The criminal court case asks what penal punishment will happen? i.e. jail time, fines, probation, classes. The DMV asks if you're license will be suspended and what types of classes are required to restore driving privileges. The primary area of intersection is the DUI classes, whether it's a 3 month first offender program or a 18 month DUI school.

It has no affect on your DMV hearing. The Court and the DMV were split some years ago and the DMV's "punishment" is separate and distinct from the criminal proceeding.