Is there a statute of limitations for a DUI? 80 Answers as of December 12, 2011

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.

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.

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.

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.

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.

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

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.

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.

Yes but the in most instances statute is tolled when you are out of the jurisdiction.

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.

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.

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.

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.

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.

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.

No, there is no statute of limitations on a DUI charge. However, you may be able to raise a speedy trial issue.

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.

Not if you took off. They can still get you when you come back in.

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.

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.

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.

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.

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.

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.

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.

No, because you were arrested.

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.

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.

Assuming you plead guilty to the DUI charge, a statute of limitations would have no applicability to this situation.

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.

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.

If the charge was filed in a timely manner, it will remain active for as long as it takes for you to address it.

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.

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.

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.

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.

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.

There is no statute of limitations in Wyoming. You may have to face the charge.

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.

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.

Once you are charged, there is no statute. However, the commonwealth's attorney may have discontinued the charge.

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.

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.

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.

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.

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.

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.

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.

Yes, but it is tolled while you are out of the country.

Not if there is a warrant out for you.

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.

Generally, 6 years is the statute of limitations for a misdemeanor.

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.

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.

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.

Possibly depending on notice.

Two years but please understand that the statute of limitations may not mean quite what you think it does. The statute of limitations only requires that a court case be filed within two years after the date of the offense, not that you actually be convicted or even appear in court within the two years. Also, the statute of limitations is always suspended any time a person is absent from the state for any reason. At this point, though, the case would likely be rather difficult to prosecute in terms of witnesses and evidence, so that might end up being your saving grace. It's also possible that the prosecutor's office periodically "clears the decks" on old misdemeanor cases with no arrests, though I wouldn't count on that. You can call the clerk's office and find out whether there's still a warrant out for you. Also, be aware that odds are you don't really mean a DUI, which in Texas refers only to a Class C charge for a minor driving after having consumed any detectable amount of alcohol no intoxication required. A DUI would be handled through a JP or municipal court. Probably, you mean a DWI, which is the more familiar Class B, jailable offense, can be given to any driver of any age, and requires proof of actual intoxication. A DWI would be handled in a county court, so if you don't remember which court was involved, at least knowing what the charge was may help you before you start calling clerks.

No. Statute of limitations deals with the time required to FILE charges, not APPEAR for charges.

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.

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

The arrest satisfied the statute of limitations. If you didn't come back to court, there is likely a warrant for your arrest.

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.

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.

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.

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.

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.

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.

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.

It is the decision of the county you were charged in as to how long it will continue to reactivate the warrant.

Maybe. You should take the citation and any court or other documents to an attorney and discuss your options.