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After a DUI arrest, many people expect charges to appear in court automatically. In reality, a DUI case usually goes through an intermediate step known as prosecutor screening before any formal charges are filed. This screening process is where prosecutors review the arrest, evidence, and applicable law to decide whether a case should move forward and, if so, how it should be charged.
Prosecutor screening is not a trial and it is not a determination of guilt. Instead, it is a gatekeeping function built into the DUI charging process to ensure that only cases meeting legal and evidentiary standards are formally filed. This step explains why some DUI cases are filed quickly, others are delayed, and some never result in criminal charges at all.
This article explains what prosecutor screening means, how evidence strength is evaluated, how charging options are selected, and why a prosecutor may delay a filing decision in DUI cases.
What “Case Screening” Means in the Charging Process
Case screening is the review process prosecutors use to evaluate whether a DUI arrest should become a formal criminal case. During screening, the prosecutor examines the materials submitted by law enforcement and determines whether the legal elements of a DUI offense can be supported in court.
This step exists because prosecutors, not police officers, have the authority to file criminal charges. While officers decide whether an arrest is justified, prosecutors decide whether a charge can be proven beyond a reasonable doubt under state law. Screening bridges the gap between those two roles.
Screening can occur at different times depending on the jurisdiction. In some states, prosecutors review cases almost immediately after arrest, sometimes even before a defendant is released. In other states, screening happens days or weeks later, after reports are finalized and evidence is complete.
The screening process also helps ensure consistency. Prosecutors apply charging standards across cases to avoid arbitrary or unsupported filings. Even if an arrest was lawful, a prosecutor may decide that the evidence does not justify filing charges.
Importantly, screening is not adversarial. The driver is usually not present, and no arguments are made on their behalf at this stage. The decision is based solely on the materials provided and the prosecutor’s assessment of legal sufficiency.
How Evidence Strength Is Evaluated Before Filing
One of the primary purposes of prosecutor screening is to evaluate the strength of the evidence. Prosecutors look at whether the available evidence can establish each required element of the DUI offense under state law.
This evaluation often begins with the arrest report. Prosecutors review whether the officer clearly documented the reason for the stop, observations of impairment, testing procedures, and the basis for the arrest. Incomplete or vague reports can weaken a case at the screening stage.
Chemical test results are also reviewed carefully. Prosecutors consider whether breath, blood, or urine tests were administered according to required procedures and whether results are available and reliable. Missing results or unresolved testing issues can lead to delayed or declined filings.
Field sobriety observations and video evidence may also be examined. Dashcam or body camera footage can either support or undermine the written report, depending on what it shows. Prosecutors assess whether this evidence aligns with the alleged level of impairment.
The key question during screening is not whether a conviction is guaranteed, but whether the evidence is strong enough to justify filing charges and proceeding through the court system. If the evidence is borderline, a prosecutor may request additional information or delay the decision.
How Charging Options Are Selected at Screening
If a prosecutor decides that charges are appropriate, the next step is selecting which charges to file. DUI statutes often provide multiple charging options, and screening is where those options are evaluated.
Prosecutors consider the facts of the arrest in light of statutory definitions. This includes determining whether the case involves a standard impaired driving charge, a per se offense based on test results, or both. Some cases may support multiple charging theories.
Charging decisions also involve evaluating offense level. Prosecutors assess whether the case qualifies as a misdemeanor or a higher-level offense based on factors such as prior convictions, test results, or aggravating circumstances defined by state law.
In some jurisdictions, prosecutors may choose between filing the most serious supported charge or a more limited charge that better matches the evidence. This decision reflects both legal standards and office policy.
Screening is also where prosecutors decide whether to include enhancements or additional counts. These decisions shape the scope of the case and the potential penalty range, even though no outcome is determined at this stage.
The result of screening is a charging document that reflects what the prosecutor believes can be proven in court, not necessarily the maximum charge allowed by statute.
Reasons a Prosecutor May Delay a Filing Decision
Not all DUI cases are filed immediately after screening begins. Delays are common and do not necessarily signal a problem with the case. Several practical and legal reasons can cause a prosecutor to postpone a filing decision.
One common reason is incomplete evidence. Laboratory blood test results, for example, may take weeks to return. Prosecutors often wait for these results before deciding how to charge a case or whether to file at all.
Another reason is the need for clarification or supplemental reports. If an arrest report raises questions or lacks detail, prosecutors may ask law enforcement to provide additional information before making a decision.
Legal complexity can also lead to delays. Cases involving unusual fact patterns, contested stops, or novel legal issues may require additional review. Prosecutors may take extra time to ensure that charges are legally sound.
Caseload and administrative factors also play a role. Prosecutor offices handle large volumes of cases, and screening timelines can be affected by staffing, prioritization, and local procedures.
A delayed filing decision does not mean charges will not be filed. It simply reflects that the screening process is ongoing and that a final determination has not yet been made.
Summary
Prosecutor screening is a critical step between a DUI arrest and the filing of criminal charges. During screening, prosecutors review police reports, evaluate evidence strength, select appropriate charging options, and decide whether a case is ready to move forward. Delays at this stage are common and often relate to evidence completion or legal review rather than the merits of the case itself.
Understanding this process helps explain why DUI cases do not always appear in court immediately after an arrest. Screening ensures that filings are based on legal sufficiency and evidence quality, not just the fact that an arrest occurred. This step is central to how DUI charges are reviewed and prosecuted, providing structure and consistency to the criminal justice process.