What is the statute of limitations for a DUI? 12 Answers as of August 27, 2010

I did not go to court when I got 3 DUI tickets about 5 years ago. Instead I moved out of the country. I know that there is a failure to appear warrant out for me. Generally speaking, is there a statute of limitations for these DUI tickets?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If you were charged at the time the statute of limitations would stop running. There are some other possibilities for you to consider. Contact me for a free consultation to discuss your options.
Answer Applies to: California
Replied: 8/26/2010
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
The statute of limitations applies to how long the prosecution has to file charges against you. If charges were filed and you failed to appear, the statute of limitations does not come into play. If charges were not filed until after your appearance date however, you may have a motion to dismiss for failure of prosecution. But it depends on certain factors. You are going to need to run this by a criminal defense attorney in person for a full analysis.
Answer Applies to: California
Replied: 8/25/2010
Robert P. Jarvis, PC
Robert P. Jarvis, PC | David Anderson
Intuitively, most people think that the statute of limitations is a straightforward issue that is easy to understand or explain. Lawyers will tell you that there are many exceptions to the statute of limitations. Generally speaking, the statute of limitations for a misdemeanor is a year and half and the statute of limitations is seven years for felony matters. A DUI can be either a misdemeanor or a felony, depending on the circumstances. As mentioned above, there are many exceptions to those time frames. For example, when someone is charged with a crime and he/she leaves the jurisdiction, the statute of limitations is usually tolled. When the statute of limitations is tolled, the time limit never expires. There may be other circumstances which could actually benefit someone accused of a crime. The state has an obligation to prosecute crimes and look for individuals who are charged with crimes. The state is not free to sit back do nothing until the accused individual resurfaces. For instance, if the state fails to issue a warrant, then the accused may never know that he is actually accused of a crime. Legal matters such as the statute of limitations are very complicated. We recommend that you seek immediate legal representation. A competent criminal defense lawyer can explain small differences in the law or the facts that could dramatically affect your case. Our office is available 24/7 to represent you with any criminal matter. Feel free to contact us.
Answer Applies to: Arizona
Replied: 8/24/2010
Criminal Defense, Inc.
Criminal Defense, Inc. | Chad Lewin
There is no statute of limitations issue here. You have 3 different warrants because you failed to appear in court for your DUI cases. A statute of limitations is the time by which the prosecution has to file a case against you. If you do not show up to the court date on the ticket, the Judge issues a bench warrant and the warrants NEVER go away. So if you were gone for 5, 10 or even 20 years you would still have to deal with the DUIs. Being that you have these 3 different cases, it would be a really good idea to consult with an experienced DUI attorney. I have handled 100s and 100s of them successfully for clients. Give me a call for a consultation.
Answer Applies to: California
Replied: 8/24/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Statute of limitations for a DUI [or any other] warrant? No. You have arrest warrants from each of those charges. Warrants are forever. You would be taken into custody and transported as a prisoner in cuffs to court anytime you come in contact with any law enforcement, such as traffic stops, customs, airport check in, etc. You would be immediately arrested upon arrival through customs into this country. You would not be allowed to bail out before court hearing. To resolve this, you and/or your attorney must go to the court[s] and turn yourself in voluntarily, getting the warrant withdrawn as part of the process of either negotiating a plea bargain or going to trial on the charges. If the court[s] are in Southern California, and you are serious about hiring counsel to help you in this, feel free to contact me. Such misdemeanor arrests and warrants can be handled by your attorney without you being personally present in court, at least up to the point of you complying with any sentence imposed for jail or probation or classes.
Answer Applies to: California
Replied: 8/24/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    Warrants were issued in all 3 cases when you failed to appear on them. Once a warrant has been issued, the statute of limitations stops running. The warrants remain in the system forever, until they are recalled and quashed. It sounds like you may have 3 warrants out for your arrest on those 3 DUI tickets 5 years ago. If your cases are anywhere near Los Angeles, I would be happy to advise you on your options and your situation. Please do not hesitate to call.
    Answer Applies to: California
    Replied: 8/24/2010
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    The statute of limitations would be tolled during any time you were on the lam (running) from the law. As long as the prosecutor filed charges, you may still be picked up and the case prosecuted. On the other hand, the statute of limitations for a misdemeanor DUI is generally 1 year from the date of the offense. I would definitely call an attorney for this situation as the outstanding warrant seems to indicate that you were charged but failed to appear at your arraignment.
    Answer Applies to: California
    Replied: 8/24/2010
    Law Offices of Ronald Richards & Associates
    Law Offices of Ronald Richards & Associates | Ronald Richards
    The statute of limitations is one year.
    Answer Applies to: California
    Replied: 8/24/2010
    Law Office of John Stanko
    Law Office of John Stanko | John Stanko
    On a misdemeanor DUI in California there is a 1 year statute of limitations. That is, the DA has 1 hear from the date of your arrest to file a complaint against you. Now, you may have a motion to dismiss each of these cases for a violation of your right to a speedy trial as they are so old.

    Call my office for a free consultation concerning your case and options.
    Answer Applies to: California
    Replied: 8/24/2010
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