After I have been arrested for a DUI, when am I formally charged with the crime?

After I have been arrested for a DUI, when am I formally charged with the crime?

Neil Shouse (Defense Attorney) gives expert video advice on: What is 'probable cause' as it applies to a DUI?; Are police DUI checkpoints constitutional?; What is suppression of evidence in a DUI case? and more...

How long it is after a DUI arrest you're formally charged with a crime depends on whether or not you stay in custody. If you are not released from custody, if you are held in jail, then you have a right to be charged and go before a judge within 72 hours of the arrest. On the other hand, if you are released from custody day and it may be days or weeks or sometimes even months before your first court date when you are formally charged with DUI.