How long does the state have before DUI charges must be filed? 45 Answers as of May 30, 2013

I was charge for DUI a year ago but until now there was no charges filed on state, How long does the state have before DUI charges must be filed?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain a lawyer to help you or you ask the court for legal counsel.You have a right to counsel. Don't be afraid to exercise that right. The answer depends on the circumstances. Generally, though, such lengthy delays hurt the prosecutor's case. However a delay that long may also result in the destruction of exculpatory evidence, so it is not good for either side potentially.
Answer Applies to: Michigan
Replied: 6/21/2012
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
That would depend on the laws of the individual jurisdictions but generally from one to three years.
Answer Applies to: District of Columbia
Replied: 3/30/2012
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
The statute of limitations for most DUI cases is 1 year.
Answer Applies to: California
Replied: 3/26/2012
Law Office of Michael R. Garber
Law Office of Michael R. Garber | Michael R. Garber
That would be 2 years.
Answer Applies to: Louisiana
Replied: 5/30/2013
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
The statute of limitations for a DUI charge is 5 years.
Answer Applies to: Kansas
Replied: 3/16/2012
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    The State has up to 2 years to file the DUI charge in court - this is called the Statute of Limitations. It is unusual for the State to delay the filing more than one year, but not unheard of. Keep your fingers crossed that your case gets lost in the system.
    Answer Applies to: Washington
    Replied: 3/16/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If the DUI is a misdemeanor the state has one year from dae of occurrence. If the DUI is a felony they have three years from dae of occurrence.
    Answer Applies to: Alabama
    Replied: 3/15/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    In Michigan, the time frame is 6 years.
    Answer Applies to: Michigan
    Replied: 3/15/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The statute of limitations on DUI is two years. Hopefully you will have the money for an attorney considering an entire year has passed.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Your question is ambiguous. Either you were charged with the offense or not. If you have not been arrested and booked for DUI, the State has, in Illinois, 18 months to bring the charges, or three years if they decide to arrest you for felony Aggravated DUI. If the charges have been filed, it is rare but feasible that the case is still pending against you. I would suggest going to the clerk of court office in the county where the alleged offense occurred and find out the status of your case, if any such case exists.
    Answer Applies to: Illinois
    Replied: 3/14/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    For a misdemeanor the statute of limitations is two years.
    Answer Applies to: New York
    Replied: 3/14/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    On a misdemeanor the prosecution has one year to file charges.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Two years in New York.
    Answer Applies to: New York
    Replied: 3/14/2012
    Salladay Law Office | Lance Salladay
    You say you were charged but no charges were filed- that does not make sense. On a misdemeanor the state has 1 year to bring a criminal action but if you were cited at the time, then you had better get an attorney because something may have happened through the court system without your being aware of it.
    Answer Applies to: Idaho
    Replied: 3/14/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    When you say you were "charged for a DUI" I will assume you meant you were accused or arrested. As usual with a legal question, the answer depends. The District Attorney has the discretion to file charges at any time. It is up to the defendant to raise defenses with issues of speedy trial and/or statue of limitations. Were you arrested for a misdemeanor DUI or a felony DUI. A misdemeanor should be filed within a year. For a felony the DA would have longer depending on the possible maximum sentence.
    Answer Applies to: California
    Replied: 3/14/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    The statute of limitations for a DUII which is a Class A Misdemeanor is 2 years. A DDA can still bring the charges up to that time.
    Answer Applies to: Oregon
    Replied: 3/14/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    DWI statute of limitations is 2 years. Which means they have to file a case against you in 2 years.
    Answer Applies to: Texas
    Replied: 3/14/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It depends: generally it is 2 years; however, if you leave the jurisdiction of the court (ie. the state), the period for which you are gone may stay the running of the statute of limitations.
    Answer Applies to: Washington
    Replied: 3/14/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you were charged with a DWI the prosecutor has 90 days to be ready for trial.
    Answer Applies to: New York
    Replied: 3/14/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    1 year from the date of the incident.
    Answer Applies to: California
    Replied: 3/14/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    You say you were charged but you also say there were no charges filed. So I am not sure what you mean. However, the state has 18 months to file a misdemeanor case like a DUI, so they still have time to file a charge. The only exception would be if other charges have been filed, in which case you may have an argument that the new DUI charge should have been filed within the 160 day speedy trial period.
    Answer Applies to: Illinois
    Replied: 3/14/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    For such misdemeanors as DUI, one year. Sounds like you got a break. If I were you, Id check the court records to make sure you didnt just miss getting a letter from the DA or Court advising of charges being filed and a court date. If so, youd have a warrant for your arrest.
    Answer Applies to: California
    Replied: 3/14/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    I assume you mean that you were "stopped" for DUI but no charges have been filed. Technically, the state has three (3) years to charge an offense. It seems highly unlikely, however, that the state will charge after this period of time has passed.
    Answer Applies to: Minnesota
    Replied: 3/14/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    1 year misdemeanor, 3 years for felony.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    One year.
    Answer Applies to: California
    Replied: 3/14/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    For misdemeanor DUI, the prosecutor has two years from the date of your arrest to file formal charges. In misdemeanor cases, they file a document called an accusation or information. They do not have to get a grand jury indictment like in a felony case.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    1 year
    Answer Applies to: Nevada
    Replied: 3/14/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Charges were filed when you were arrested. However, in some counties, they are not pursued for a long time. You should already have a lawyer representing you who will be knowledgeable about the local ways in which your county operates.
    Answer Applies to: Texas
    Replied: 3/14/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    If you have not been arrested the statute of limitations for a first degree Misdemeanor, I believe is two years and one year for a second degree misdemeanor. If you were arrested and you did not waive speedy trial then the State had ninety days to get the case to trial unless you waived it. However, to get a case dismissed for failure to comply with speedy trial rules requires a notice that you are ready for trial and that speedy trial has expired. The State then has a short window period to get the case tried. If the State fails to get the case tried within that short time you would file a Motion to Dismiss
    Answer Applies to: Florida
    Replied: 3/14/2012
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