What is the DUI statute of limitations and how long? 14 Answers as of May 04, 2015

I got a DUI in 2006 when I was 19. I was over the zero tolerance limit because I got a .05 on the breathalyzer test so they arrested me. I had my license taken from me for a year and was given the temporary license. I never received any additional notice from the court. I am now in the application process for a job that requires a detailed background check. I want to clear the DUI up so that it does not hurt my chances of getting hired.

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Law Office of Alexis Plunkett
Law Office of Alexis Plunkett | Alexis Plunkett
In Nevada the statute of limitations for a DUI is one year meaning the prosecutor has up to one year from the arrest date to file a complaint. It kind of sounds like you don't know what happened in your case either a complaint was never filed and you're probably good, or else a complaint was filed years ago and you likely have a warrant for your arrest. You should call the court and see if there is an active case against you.
Answer Applies to: Nevada
Replied: 5/4/2015
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
The statute of limitations on a DUI is two years. However, IF charges were brought and you failed to appear in court that is not a statute of limitations problem.
Answer Applies to: Georgia
Replied: 5/4/2015
S. Joseph Schramm | Joseph Schramm
You do not mention whether you were placed in the ARD program or if you were convicted. If you were in the A.R.D. program, usually allowed for first time D.U.I. offenders, your record will be automatically expunged after 10 years, in your case 2016. If you actually went to court and were convicted, the conviction will probably stay on your record and any employer conducting a criminal background search will likely discover it. However, given that the incident happened nearly 10 years ago an employer would likely put the affair in context and consider it to be a mistake that people sometimes make.
Answer Applies to: Pennsylvania
Replied: 5/4/2015
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Wow. That is odd. Did you hire a lawyer? If so, you need to contact that lawyer. If not, you need to check with the clerk of the courts to see what the status is (to make sure that you don't have a warrant and didn't just miss court.)
Answer Applies to: Texas
Replied: 5/1/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
I don't think the concept of statute of limitations applies to your situation. You got an OWI about 9 years ago. If it was a first offense, and in Wisconsin, it is not a criminal offense in any case. Some OWI's do not count in calculating the penalty for a later OWI, if they more than 10 years old. But they don't necessarily disappear from the record. You might want to consult a skilled OWI lawyer to see if there is some way to get the original judgment vacated, but that is not often successful.
Answer Applies to: Wisconsin
Replied: 5/1/2015
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Misdemeanor DUI has a 1year statute of limitations.
    Answer Applies to: California
    Replied: 5/1/2015
    Connell-Savela | Jason Savela
    I can help. What county was the case in? Did you bond out or sign a summons? Have you gotten your Drivers License back?
    Answer Applies to: Colorado
    Replied: 5/1/2015
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    You need to bring the case before the Court if one is pending. If one is not pending then you're off the hook. There is probably a bench warrant out for you.
    Answer Applies to: Nevada
    Replied: 5/1/2015
    Law Office of John G. Galasso | John George Galasso
    In Ohio, Dui convictions remain on your driving record forever and cannot be expunged
    Answer Applies to: Ohio
    Replied: 5/1/2015
    Chambers Law Firm
    Chambers Law Firm | Dan E. Chambers
    You need to hire an attorney and consider filing what is called a Serna motion.
    Answer Applies to: California
    Replied: 5/1/2015
    Ty Wilson Law | Ty Wilson
    You should pull your criminal record and see if it shows up. Because you never received notice either your case fell through the cracks (in which case you will need an attorney to make sure it is dismissed), or they have a bench warrant out for you missing court because they claim they sent you notice (in which case you will likely need an attorney). I would call a DUI attorney in the county where the charges were/are pending. Good luck.
    Answer Applies to: Georgia
    Replied: 5/1/2015
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    A DUI where you plead or were found guilty cannot be expunged. This is not a statute of limitations issue; that only applies to the time in which the case must be initially filed.
    Answer Applies to: Illinois
    Replied: 5/1/2015
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.
    Answer Applies to: California
    Replied: 5/1/2015
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    If they never filed charges then they have one year for misdemeanors and 7 years for felonies. If they started the process and you just aren't aware of that then that time limit may be stopped. You should contact the court it happened out of and see what they say. It may have just been dropped.
    Answer Applies to: Arizona
    Replied: 5/1/2015
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