Q: I have been charged with a DUI, if I do not wave my right to a speedy trial does that mean the court has to receive my b

A: This is a great question, and understanding California’s right to a speedy trial is key to forming a trial strategy. Here’s a breakdown of the relevant laws.

Speedy Trial Right in California:

Under both the U.S. Constitution (6th Amendment) and the California Constitution (Article I, Section 15), every defendant is guaranteed the right to a speedy trial. This ensures charges are resolved without unnecessary delay, preventing the loss of evidence and fading witness memories. Unreasonable delays can violate this right and lead to motions to dismiss or sanctions under Penal Code 686.

Pre-Accusation vs. Post-Accusation Delays:

Pre-Accusation Delay: Occurs before formal charges are filed, raising due process concerns under the 5th and 14th Amendments and California Constitution (Article I, Section 7). A defendant can challenge this delay if it harmed their case.

Post-Accusation Delay: Happens after charges are filed, governed by the 6th Amendment, California Constitution (Article I, Section 15), and Penal Code 1382. If the trial doesn’t happen within the required time frame, the defendant can file a motion to dismiss.

Speedy Trial Deadlines in California:

Penal Code 1382 sets deadlines based on whether the defendant is in custody and the type of crime:

-30 days for misdemeanor defendants IN CUSTODY (from arraignment/plea to trial). Note: Misdemeanor defendants are cases that also includes most DUIs.

-45 days for misdemeanor defendants NOT IN CUSTODY. Note: Misdemeanor defendants are cases that also includes most DUIs.

-15 days for filing felony charges after a preliminary hearing.

-60 days for trial after felony charges are filed, regardless of custody status.

-90 days for defendants serving time in state or federal prison who demand to be tried on state charges.

These deadlines ensure that criminal cases are resolved promptly, protecting the defendant’s rights.

Waiving Your Speedy Trial Rights in a DUI Case:

For a misdemeanor DUI, not waiving your speedy trial right could benefit you if the District Attorney (DA) lacks critical evidence, such as blood test results. Without this, the DA may struggle to prove the 0.08% BAC requirement for DUI. This could lead to a not guilty verdict.

However, if the DA has the blood test results showing a BAC over the legal limit, not waiving your right could hurt your case, as the evidence will likely be hard to dispute. This could increase the chances of a conviction.

Generally speaking, the DA typically files DUI charges only if they have a chemical test result. If they don’t have this evidence, it may be safer not to waive your speedy trial right. However, if they have the evidence ready, not waiving your right can be risky, as it may be difficult to challenge the results.

Conclusion:

Not waiving your right to a speedy trial can be a smart strategy if the DA lacks key evidence, like a blood test. However, it’s a risky decision, depending on the DA’s case.

Your attorney can help you weigh the risks and rewards based on your specific circumstances. California’s speedy trial laws are designed to protect defendants, but their application depends on the facts of your case.

A: In California, the right to a speedy trial is protected by both state and federal law. The 90-day deadline typically starts from your arraignment date, not from when your blood was drawn or when results are received.

The prosecution can proceed with DUI charges even if blood test results aren't available within 90 days. They often rely on other evidence like officer observations, field sobriety tests, and your behavior during the stop. The blood test results, when received, can be added to strengthen their case.

It's important to understand that not waiving your speedy trial rights means your case must go to trial within the statutory timeframe (usually 45 days if in custody, or 90 days if out of custody). However, this doesn't directly impact when blood test results must be received. Consider discussing your specific situation with your defense attorney, as they can best advise you on strategic timing decisions and explain how local courts typically handle these scenarios.