What Happens If Your Felony DUI Case Is Dismissed—And Then Refiled?

If you are arrested for a felony DUI and then learn the case was dismissed, you might breathe a sigh of relief. But in Arizona, especially in Pima County, that dismissal may not be the end of the story. In fact, in many felony DUI cases, it’s just a pause.

In this post, we’ll walk through why felony DUI charges often disappear and then reappear, how long prosecutors have to refile charges, and what you can do to be proactive during the downtime.

Why Are Felony DUI Charges Sometimes Dismissed Early On?

In Arizona, felony DUI charges are often filed as soon as you are arrested. The police haul you down to the jail where you see a Judge who sets a Preliminary Hearing. These cases may initially be set for a preliminary hearing, but that hearing often never happens (in any case, not just DUIs).

In Felony cases that involve driving under the influence, the County Attorney oftentimes dismisses the charges before the preliminary hearing date. This is often not because they are abandoning the case, but because they are waiting for:

• Blood test results from the crime lab

• Additional police reports or witness statements

• Accident Reconstruction

• Medical Records

Once those pieces are in place, the case can be refiled—even months or years later.

How Long Do Prosecutors Have to Refile Charges?

The statute of limitations for felony charges in Arizona is seven years from the date of the offense. This includes felony DUI charges like:

• DUI with a suspended or revoked license

• Third DUI within a 7-year period (aggravated DUI)

• DUI with a child under 15 in the vehicle

If your DUI resulted in an accident with injury, it's common for the DUI to be charged as a misdemeanor, while separate felony charges—like aggravated assault, homicide, child abuse, or criminal damage—are filed based on the circumstances of the case. Those charges would still have a seven-year statute of limitations. The associated Misdemeanor DUI associated with some charges can be two years from the date of the offense.

So even if your initial case is dismissed, the State has plenty of time to bring it back, especially if they are waiting on lab results, medical records, or expert review.

What Causes Delays in Lab Testing?

Crime lab testing timelines can vary widely, and delays are common. Here are a few of the reasons:

• Backlogs at the Department of Public Safety (DPS) or other forensic labs

• Prioritization of violent crimes or cases with pending trial dates

• Requests for confirmation testing, especially if multiple substances are involved

• Holidays, staff shortages, or administrative backlog

In some counties, blood test results can take weeks, months, or longer to return. During this time, prosecutors often hold off on pursuing the case further until they know what the test results show.

How Will You Know If Charges Are Refiled?

If charges are refiled, you may receive a summons in the mail or be served with a notice of indictment. This can happen through a letter, a phone call from law enforcement, or a formal court summons.

It’s important to:

• Keep your mailing address updated with the court and MVD

• Check your azmvdnow.gov account under “documents” regularly to ensure you didn’t miss any notices and know the status of your license.

• Save copies of all court and police paperwork

• Check periodically with the court if you believe charges might still be pending

If you fail to appear for a court date you didn’t know about, a warrant may be issued for your arrest. If you find out that you have a warrant DONT avoid it! Instead, call an attorney right away.

What Should You Be Doing During the Waiting Period?

If your case was dismissed, this is a critical time to be proactive—especially if there were underlying substance abuse concerns or past DUIs on your record. Prosecutors and judges may look more favorably on individuals who use this time constructively.

Consider taking steps like:

• Attending Alcoholics Anonymous (AA) or other support groups

• Enrolling in outpatient counseling or an Intensive Outpatient Program (IOP)

• Completing a drug or alcohol assessment and following through with any recommendations

• Documenting your efforts with attendance sheets, completion certificates, or letters from providers

If the case comes back, your attorney can present this progress as mitigation. In some cases, early intervention makes a significant difference in the outcome.

What Are the Potential Consequences of a Felony DUI in Arizona?

Arizona takes felony DUI charges seriously. If charges are refiled, the consequences can be severe—especially for repeat offenders or cases involving injuries.

Possible penalties include:

• Mandatory prison time of FOUR MONTHS for an aggravated DUI; potentially more time for cases involving injuries, or repetitive offenders.

• Revocation of your driver’s license

• Substantial fines and fees

• Probation, counseling, and installation of an ignition interlock device

• Supervised Probation

• Felony conviction on your record, which may affect employment, housing, and civil rights

To be clear, for aggravated DUI, sentencing can include multiple years in prison depending on the extent of the harm and prior criminal history.

Final Thoughts

A dismissal after a DUI arrest can feel like a relief—and sometimes it is. But in Arizona, it’s often just a delay. Prosecutors may be waiting on lab results, additional evidence, or time to present your case to a grand jury.

During this gap, you can either wait passively or take meaningful steps that could make a difference if the case returns. Use the time wisely, stay informed, and talk to an attorney you trust.

If you have questions about your case or want help preparing for what could come next, feel free to reach out.