Is there a statute of limitations for a DUI? 83 Answers as of July 03, 2013

I was released after a DUI charge in 2000. I relocated to Germany. Is there a statute of limitations for this?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
The statute of limitations applies only up to the filing of the charges. If you do not take care of the matter after that a warrant for your arrest can last forever.
Answer Applies to: California
Replied: 6/12/2012
Richard W. Barton
Richard W. Barton | Richard W. Barton, Esq.
If you fail to appear, the warrant will stay on your file forever. It will mean you cannot return to the US without being stopped. The statute of limitations does not apply in this case, since you have already been charged. There may be a way to show the case is too old to be prosecuted, or that they never looked for you.
Answer Applies to: New York
Replied: 12/12/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Yes. The District Attorney's Office has one year from the date of your arrest to file DUI charges if it is a misdemeanor.
Answer Applies to: California
Replied: 12/12/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Whether the statute of limitations apply depends on whether the case was actually initiated and depends on how and what a person is actually charged with. If there is an active warrant, there is no statute of limitations issue. If no charges were ever filed, then possibly, there may be issues bringing the charges at this stage.
Answer Applies to: Michigan
Replied: 12/9/2011
Law Offices of Sean Logue
Law Offices of Sean Logue | Sean Logue
There is a statute of limitations for almost all crimes.
Answer Applies to: Pennsylvania
Replied: 7/3/2013
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    The statute of limitation only applies where a case is not filed in a timely manner. For a DUI it is one year after your arrest. However, if a case was filed after your arrest and you left the country the statute of limitations does not apply.
    Answer Applies to: California
    Replied: 12/7/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The statute of limitations back in 2000 was 2 years. It is now 5 years.
    Answer Applies to: Kansas
    Replied: 12/7/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I do not know what you mean by you were released after a DUI. Was the case dismissed? Did you plead guilty ? Wqere you convicted? Were you asquitted. I would need further information. Statute of limitations refers to the time period in which the prosecution can file charges and is different depending on the exact charges.
    Answer Applies to: New York
    Replied: 12/7/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    If you were already charged, the statute of limitations does not apply. Statute of limitation is the time between committing an offense and commencing a prosecution. Once that particular time expires, prosecution cannot be commenced. If you were already charged and released and then absconded, chances are that there is a warrant issued for your arrest which will not go away until the charge is satisfied with the court one way or another.
    Answer Applies to: New York
    Replied: 12/7/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    There is a one year statute to sign a ticket or otherwise charge someone. If there was a warrant or a UTTC signed, but not served or executed it remains active indefinitely.
    Answer Applies to: Alabama
    Replied: 12/7/2011
    Leonard J. Levenson Attorney At Law | Leonard J. Levenson
    The S/L for DUI is 2 years from the commission of the offense. The filing of a complaint or the commencement of a criminal action or absence from the state stops the clock from running.
    Answer Applies to: New York
    Replied: 12/6/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    If you were charged with a DUI leaving after the ticket was issued tolls the statute of limitation. You likely have a warrant for your arrest. Call me, I would be happy to find out if something is still pending.
    Answer Applies to: Nebraska
    Replied: 12/6/2011
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    Generally on any misdemeanor in the State of West Virginia, you must be brought to trial within one year of being charged with the offense. However, any time that you are responsible for the delay cannot be used to count against that year.
    Answer Applies to: West Virginia
    Replied: 12/6/2011
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    If you were charged with the crime and then never appeared in court in order to go through the process then there is likely still a bench warrant out for your arrest because you are in contempt of court. There is no statute of limitations for this. You were charged and you never followed through with a plea, trial or sentencing so this charge is still out there and will need to be taken care of.
    Answer Applies to: Michigan
    Replied: 12/6/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 5/31/2013
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The statute of limitations would be 6 years, however, your relocation out of the country may have tolled the statute of limitations. More facts would be needed to provide a complete answer.
    Answer Applies to: Michigan
    Replied: 12/6/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Your question can be taken one of two ways. 1) you were charged and given another court date and never bothered to show up, instead you left to Germany. If this is the case the the statute of limitations is irrelevant as to your case as there is no statute of imitations for fleeing an actual charge pending, or for warrants. The reason for this is that if there were then anyone released from court would have great motivation to just flee and not return to court. 2) you were released after a court date but were never formally charged, as a result there is a 5 year deadline on felony cases and 3 years on misdemeanors... so if you're not charged within that time frame then you can not be... a formal charge stops the statute of limitations, so if you were charged and feld the warrant will remain active forever essentially
    Answer Applies to: New York
    Replied: 12/6/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If you left without dealing with it, then there must be a warrant for your arrest. And no, a warrant lasts until the day you die, there is no statute of limitations.
    Answer Applies to: California
    Replied: 12/6/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    There is a statute of limitations for every crime except murder. The statute for a misdemeanor is 2 years. The statute may be tolled (stopped) since you absconded on the charges. The prosecutor would have to show that he used "due diligence" to locate you. Usually the judge just issues a bench warrant and the police try to locate you. They will not usually follow up and so when you are arrested on the warrant you will be extradited to that city and brought in front of that judge. You lawyer can make a motion to dismiss and they judge may order a hearing to determine if the prosecutor and the police used due diligence to locate you.
    Answer Applies to: New York
    Replied: 12/6/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes but the in most instances statute is tolled when you are out of the jurisdiction.
    Answer Applies to: Washington
    Replied: 12/6/2011
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    Yes, 1 year. However, if the case was filed within that year the DA has complied with the statute. If YOU didn't appear in court, that's on you - the statute will not be a defense (some exceptions). A warrant was probably issued and still exists. If so, the case is still active. There may be some defenses, however, so you might consult with a criminal defense attorney who can advise you more specifically on this. Hope this helps.
    Answer Applies to: California
    Replied: 12/6/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    If you were charged then the statute of limitations has stopped running, so you must deal with the charges at some point regardless of how old they are.
    Answer Applies to: Colorado
    Replied: 12/6/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Yes, they would have six years from the date of the incident to file charges against you. That doesn't mean that they have six years to find you or to bring you in, just to bring charges against you.
    Answer Applies to: Michigan
    Replied: 12/6/2011
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    The statute of limitations requires the prosecution file the criminal case against you within one year (if charged as a misdemeanor) however, a case that is filed on time does not expire because the defendant fails to appear at the court appearance. In that situation, a warrant would issue for the defendant's arrest and the case would be held in abeyance until the defendant appears voluntarily on the case or is arrested and brought before the judge.
    Answer Applies to: California
    Replied: 12/6/2011
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    You say you were "released after" a DUI charge, but you don't say whether you were found guilty or entered a plea of guilty or no contest. If you merely bonded out of jail after an arrest, the question is whether an accusation or indictment was filed against you within the applicable statute of limitations time for DUI. You also don't say if you still live in Germany. I can't imagine them seeking your extradition for a DUI charge.
    Answer Applies to: Georgia
    Replied: 12/6/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    My question is: what do you mean by "released"? If you missed a court appearance then there is no time limit. Otherwise, the limit is two years.
    Answer Applies to: New York
    Replied: 12/6/2011
    Law office of Robert D. Scott | Robert Scott
    No, there is no statute of limitations on a DUI charge. However, you may be able to raise a speedy trial issue.
    Answer Applies to: Maryland
    Replied: 12/6/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Most DUI's are charged as misdemeanors. Misdemeanors have a one year statute of limitations. However, the time period is tolled while you are out of the jurisdiction. So long as the offense was charged as a misdemeanor, and you have been in the jurisdiction for longer than a year, the statute should have run.
    Answer Applies to: California
    Replied: 12/6/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Yes, but I'm afraid you don't fully understand what a statute of limitations is. If it's a misdemeanor DUI, the statute of limitations is 1 year. This is a FILING deadline, not a Trial deadline. This means that the District Attorney has one year from the date of incident to file charges against you. If they filed in time, and you never appear on the case, you likely have a warrant for your arrest.
    Answer Applies to: California
    Replied: 12/6/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Not if you took off. They can still get you when you come back in.
    Answer Applies to: Texas
    Replied: 12/6/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    You may be looking at a dismissal because of the length of time's impact on the preservation of evidence. I know you will contact an attorney to handle your matter properly.
    Answer Applies to: Michigan
    Replied: 12/6/2011
    Bronx Criminal Lawyer
    Bronx Criminal Lawyer | Peter J. Schaffer
    Statute of limitations applies to the length of time between the commission of a crime and the prosecution of the crime. If you were arrested and released, and then failed to return to court, the case will remain active until you are returned or surrender on a warrant.
    Answer Applies to: New York
    Replied: 12/6/2011
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    First, the statute of limitations will never be tolled (or count in your favor) if you have left the jurisdiction. The statute of limitations only benefits uncharged crimes typically after 2 years. It is likely that your crime was charged 10 years ago. If it has been about 10 years since the incident, you may have an opportunity with an experienced attorney to limit the impact of the case on your current life. It would be best to talk with an experienced Portland criminal defense lawyer to determine which route would best serve you.
    Answer Applies to: Oregon
    Replied: 12/6/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    The statute of limitations only has to do with how long the DA has to file criminal charges. For a misdemeanor, it's one year. As long as the charge was filed within a year of the offense, the statute of limitations has been met.
    Answer Applies to: California
    Replied: 12/6/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Not if you've been charged and never took care of it. Otherwise it is one year from the date of the arrest or citation.
    Answer Applies to: Nevada
    Replied: 12/6/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The statute of limitations is tolled while a case is pending. You probably have a warrant for your arrest if you were in one of those counties that sends out notices for court appearances after a time period. You should call a lawyer local to the area in which you were charged to determine the status.
    Answer Applies to: Texas
    Replied: 12/6/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    No, because you were arrested.
    Answer Applies to: New York
    Replied: 12/6/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    If the charge was filed in a timely manner, it will remain active for as long as it takes for you to address it.
    Answer Applies to: New Jersey
    Replied: 12/6/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Two years. But the two-year statute probably does not apply. The two-year period is from the date of the offense to the filing of a formal charge. If you were arrested, you were probably charged as well, and then, probably, you failed to attend a court date. That means the delay is your fault, not the state's. This changes a lot in individual cases, so you should talk to an attorney before doing anything. Files are destroyed or lost over time, for instance. But, even if the state can't prove its case because it lost the evidence or the police officer has retired, there might be a warrant out for your arrest right now.
    Answer Applies to: Oregon
    Replied: 12/6/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    The statute of limitations is tolled (stopped) if the case was filed by the prosecutors. If the case was filed and you were a no-show, there is probably a warrant in the system awaiting your return.
    Answer Applies to: California
    Replied: 12/6/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Statute of limitations for a DUI misdemeanor depends on what you mean. If the case was filed and the prosecution has not made any effort to find you within a year you are clear. However, you will need an attorney to file a motion on the case. If the case is not filed within a year you are also clear.
    Answer Applies to: California
    Replied: 12/6/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Assuming you plead guilty to the DUI charge, a statute of limitations would have no applicability to this situation.
    Answer Applies to: Virginia
    Replied: 12/6/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    In your particular case, NO. I assume that once you relocated to Germany and as a result, did not show up for court, a warrant was issued. The issuing of the warrant stays any statute of limitations.
    Answer Applies to: Washington
    Replied: 12/6/2011
    Orent Law Offices, PLC
    Orent Law Offices, PLC | Craig Orent
    Yes there is a statute of limitations for a misdemeanor DUI charge, but if you were already charged, especially if you appeared in court, then the time period is tolled (suspended). The SOL requires the State to "file" charges within the set time period. On the other hand, if the State did nothing to try to locate you and bring you to court via a warrant, it is "possible" (emphasis on the word "possible") that the case could be dismissed, depending on the circumstances.
    Answer Applies to: Arizona
    Replied: 12/6/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    There is a statute of limitations for filing the charges. For misdemeanors, the general time frame is 1 year from the time of arrest. There may be grounds to get the charges dismissed even if they were filed in a timely fashion, but If charges were filed timely, and you relocated to Germany shortly after the incident that can complicate things.
    Answer Applies to: California
    Replied: 12/6/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    The Statute is 1 year but that 1 year is a limit of time from the act and the date the charge is filed. Since you left the state there would not be an issue as to the Statute. However the D.A. also so has a limit on how long they can wait till they serve or attempt to serve you. You need to hire an attorney to handle the intricacies of that issue. A Motion will need to be filed. And probably the lawyer needs to start by asking the judge to recall the warrant that probably was issued when you left.
    Answer Applies to: California
    Replied: 12/6/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Not in NJ. Once the charge is issued, the only way to resolve it is to go to Court. At this point there may be a warrant issued for your failure to appear or the matter was placed on the inactive list but in either case, the charge is still there.
    Answer Applies to: New Jersey
    Replied: 12/6/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    There is generally a 3-year statute of limitations for most non-serious felony offenses. However the statute is tolled for however long you did not reside in Minnesota.
    Answer Applies to: Minnesota
    Replied: 12/6/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The statute of limitations applies to the time period between the commission of an offense and the charging of that offense. In addition, the limitation period does not run if you are outside the state of offense and therefore unavailable for prosecution. The case may not technically be banned by the statute of limitations but it is unlikely that the state would choose to proceed with a case that old.
    Answer Applies to: Minnesota
    Replied: 12/6/2011
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    There is a statute of limitations for an Illinois DUI. For a misdemeanor, it is 18 months. However, the statute of limitation applies to when the charge is filed; not when it is prosecuted. So, if you were charged in 2000, at the time of the arrest, then the charge was timely filed. If you failed to appear in court, it is possible that there was a judgment entered against you and warrant outstanding for your arrest.
    Answer Applies to: Illinois
    Replied: 12/6/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    There is no statute of limitations in Wyoming. You may have to face the charge.
    Answer Applies to: Wyoming
    Replied: 12/6/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    There is a statute of limitations for a DUI and it is 2 years. If the State/City does not charge you within that period then they cannot charge you at all. However, if the State/City does charge you and you do not appear (i.e. you have been relocated to Germany), then the statute of limitations is in effect "frozen" and the State/City can charge you at a later date. You should check and see if there is a bench warrant out for your arrest.
    Answer Applies to: Washington
    Replied: 12/6/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes but it has been tolled. Basically the Statute of Limitations (SOL) expires within a year for misdemeanors and gross misdemeanors. But when a defendant flees the jurisdiction, the court ordinarily issues an arrest warrant for the defendant. The failure to appear would toll or put the SOL on hold. The SOL will not restart until you present yourself before the court that issued the warrant to have the warrant quashed or canceled. It is also possible if not probable that you may be charged with the additional crime of Bail Jumping if you already appeared in court and signed for the next court date. My advice is that you contact a criminal defense attorney in the county where you were cited or arrested and make arrangements to appear in court to resolve your case. It's a little surprising you weren't arrested coming back into the country actually. If you are currently in Germany, I would suggest that you stay there unless you want to return and address this case. If you were in the Service and transferred to Germany, be sure to get a copy of the orders transferring you there because you may be able to cut off the Bail Jumping charge. One other word of caution. Do not show up to court with alcohol on your breath. Make absolutely sure you have no drugs, weapons or other contraband on your person when returning to court. There is a chance the judge may book you into jail. A simple misdemeanor can turn into a felony in a matter of seconds if you are patted down and drugs or weapons are found. You don't want to go to court with so much as a bottle cap on you.
    Answer Applies to: Washington
    Replied: 12/6/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    Yes there is a statute of limitations, but it would be tolled if you were out of the country. You will have to determine if you have been in the country long enough to have the statute of limitations run. It is usually two years for a misdemeanor but the judge has to make the decision.
    Answer Applies to: Utah
    Replied: 12/6/2011
    Miel & Carr, PLC
    Miel & Carr, PLC | Keeley D Heath
    The statute of limitations for a drunk driving charge would be 6 years. However, if you were charged within the 6 year period, the statute of limitations would not be a defense (i.e. you cannot simply avoid prosecution for 6 years by leaving the country and be in the clear.). If charges were filed prior to you leaving, there is likely a bench warrant that was issued for your failure to appear that is still outstanding. It would be wise to obtain representation to look into this.
    Answer Applies to: Michigan
    Replied: 12/6/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    The statute of limitations is for the filing of the dui complaint. Once the complaint is filed your absence/failure to appear in court does not give you the right to claim a denial of timely prosecution.
    Answer Applies to: New Jersey
    Replied: 12/6/2011
    Hedges & Tumposky
    Hedges & Tumposky | Michael Tumposky
    Yes, but it is tolled while you are out of the country.
    Answer Applies to: Massachusetts
    Replied: 12/5/2011
    Law Office of William L Spern | William Spern
    Your prosecution must begin within one year of the offense. However, if you are actually asking how long it stays on your record. It is a permanent part of your drivers history record and cannot be expunged since it is the basis for which any subsequent prosecution rests should you ever be arrested for the same offense again.
    Answer Applies to: Michigan
    Replied: 12/5/2011
    Myles Hahn III Attorney at Law | Myles Hahn III
    Your questions can be definitively answered only with a thorough check of court records. It is even possible that there may be a remaining arrest warrant. The warrant remains in force and does not expire, until the person is arrested. You should discuss all of this in person with an attorney.
    Answer Applies to: Illinois
    Replied: 12/5/2011
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    Not if there is a warrant out for you.
    Answer Applies to: Illinois
    Replied: 12/5/2011
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    Possibly depending on notice.
    Answer Applies to: Louisiana
    Replied: 12/5/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Yes. Statute of Limitations is running unless you were served prior to leaving and if you were arrested and fled then the Statute of Limitations probably does not apply.
    Answer Applies to: Florida
    Replied: 12/5/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    They have up to a year to file misdemeanor charges (such as a typical DUI) and up to 3 years to file a felony (such as a DUI with injuries or if you had enough qualifying prior DUI convictions). If they filed within the time frame, then a warrant can remain indefinitely, but you may have a motion to dismiss for failure to prosecute in a reasonable period of time. Your attorney can advise you further. Your leaving the country may factor into your motion to dismiss.
    Answer Applies to: California
    Replied: 12/5/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Generally, 6 years is the statute of limitations for a misdemeanor.
    Answer Applies to: Michigan
    Replied: 12/5/2011
    Lewin & Lewin | Robert D. Lewin
    The Statute of Limitations limits the time in which the state can file a criminal charge. In Massachusetts the Statute of Limitations in a DUI case is 6 years. In other words the State has 6 years from the date of the offense in which to file the criminal complaint at Court. Once the complaint is filed in Court the Statute of Limitations is satisfied. If you fail to appear in Court the case remains an active prosecutable case forever.
    Answer Applies to: Massachusetts
    Replied: 12/5/2011
    Ascheman & Smith | Landon Ascheman
    In the State of Minnesota, the State has 3 years to file charges. However, once charges have been filed there is no statute of limitations. There may be options to have this case resolved due to the time since the offense.
    Answer Applies to: Minnesota
    Replied: 12/5/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A Statute of Limitations referes to the time period between when an offense occurs and when it is charged. If you were charged but did not appear in court, the case was charged in time and a Statute of Limitations period does not apply. If you were not charged but left the country, the Statute of Limitations is tolled for the period you were absent and never runs. In most cases, the Statute of Limitations is three years on a misdemeanor.
    Answer Applies to: Minnesota
    Replied: 12/5/2011
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    Since you were arrested already for the charge, the defense of statute of limitations does not apply. If you failed to appear for your court date after your DUI arrest, you then defaulted and a warrant was issued for your arrest. You should contact an attorney about resolving the case.
    Answer Applies to: New Hampshire
    Replied: 12/5/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    The arrest satisfied the statute of limitations. If you didn't come back to court, there is likely a warrant for your arrest.
    Answer Applies to: New York
    Replied: 12/5/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Yes and no. If the case was filed within 1 year of the arrest, the SoL isn't your issue. You have a right to a speedy trial after charges were filed, but it's hard to say whether or not your speed trial rights were violated. Obviously, if you left the country, then it's not the DA's fault that you weren't brought to trial in a timely manner. You may have a defense based along these lines, but tough to predict the chances of success without more info.
    Answer Applies to: California
    Replied: 12/5/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    No. Statute of limitations deals with the time required to FILE charges, not APPEAR for charges.
    Answer Applies to: California
    Replied: 12/5/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Maybe. You should take the citation and any court or other documents to an attorney and discuss your options.
    Answer Applies to: California
    Replied: 12/5/2011
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    For a misdemeanor one year, for a felony 7 years. Several ways to make a DUI a felony- if a child under 15 in car, have a suspended license at time, or 3rd DUI within certain time limit. Or could be a different felony charge if there was an accident or anything like that.
    Answer Applies to: Arizona
    Replied: 12/5/2011
    Law Offices of Gilbert and Smallman PLLC | Harris W. Gilbert
    The is a SOL for dui. However, if you left the country most likely you were given a bench warrant, which tolls the statute. I
    Answer Applies to: Florida
    Replied: 12/5/2011
    T. Mack Taylor LLC | Mack Taylor
    If you received a citation then there is no statute of limitations. If police obtained a warrant but no formal charges were filed against you then there is a possibility the statute of limitations has expired.
    Answer Applies to: Georgia
    Replied: 12/5/2011
    The Law Offices of Jaime Cowan
    The Law Offices of Jaime Cowan | Jaime Cowan
    It is the decision of the county you were charged in as to how long it will continue to reactivate the warrant.
    Answer Applies to: Colorado
    Replied: 12/5/2011
    Law Office of William C. Wood, LLC | William C. Wood
    There is a one year statute of limitations to file a misdemeanor charge in Maryland. If you were arrested and released, you were in all likelihood formally charged at that time. If that is what occurred, the statute of limitations would not help you and you may have an outstanding warrant.
    Answer Applies to: Maryland
    Replied: 12/5/2011
    Law Offices of Scott C. Athen | Scott Carl Athen
    If you were charged in 2000, and you failed to appear for trial, there is likely a warrant for your arrest. The State can still prosecute you, but proving their case may be difficult, especially if the arresting officer has retired. If you are planning on coming back to the States, you might want to have an attorney look into the status of the case for you. The attorney may also be able to have the bench warrant (if there is one) quashed.
    Answer Applies to: Maryland
    Replied: 12/5/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Yes, however, if you were released, chances are you were charged and it is still pending. You should hire an attorney and determine if there is a bench warrant out for you.
    Answer Applies to: Hawaii
    Replied: 12/5/2011
Click to View More Answers:
12 3 4 5 6 7 8 9 10 11 12 13 14 Free Legal QuestionsConnect with a local attorney

Need more information on drunk driving law? Visit our free DUI resource page to learn more.

If you need immediate assistance, fill out a free case evaluation form to connect with a DUI lawyer in your area today!