What is the Statute of Limitations for a DUI and how long? 12 Answers as of May 22, 2015

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?

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

Free Case Evaluation by a Local Lawyer: Click here
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
There is no statute of limitations in play once you absent yourself from court. The warrant will be outstanding until they arrest you.
Answer Applies to: Georgia
Replied: 5/22/2015
S. Joseph Schramm | Joseph Schramm
The statute of limitations runs from the time of the incident to the time charges are filed. Once filed the statute of limitations is stopped from running and it does not matter how much time you were out of the country or the state, the charges will not be dismissed. In your case it appears that the court has issued a bench warrant for your arrest which is outstanding. This means that if you are stopped by a police officer and he checks your history he could arrest you and have you brought before the court where the warrant is pending. The outstanding bench warrant might also show up on a criminal background check conducted by a potential employer. Therefore, it's best to retain counsel and deal with the matter as soon as possible.
Answer Applies to: Pennsylvania
Replied: 5/21/2015
Universal Law Group, Inc. | Francis John Cowhig
Once charges are filed the Statute of Limitation no longer applies. Most likely you have 3 bench warrants issued for failing to appear.
Answer Applies to: California
Replied: 5/21/2015
Anderson Law Office
Anderson Law Office | Scott L. Anderson
The Statute of Limitation doesn't run when you are in warrant status. Do you have three DUIs or three charges from the same incident? Contact an attorney in the area where the offenses occurred.
Answer Applies to: Minnesota
Replied: 5/21/2015
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
If there's a warrant there is no statute issue as the da has filed. This is a due process issue often called a Serna issue.
Answer Applies to: California
Replied: 5/21/2015
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Warrants don't have statutes of limitations. You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you.
    Answer Applies to: California
    Replied: 5/20/2015
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    There is, but if they already filed the case then that time limit does not count. The limit they have is how long before they file the case. You will likely have to go back and face the music.
    Answer Applies to: Arizona
    Replied: 5/20/2015
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    The statute of limitations only applies to the filing of charges, which has already happened. The case, and warrant, will remain outstanding until you go to court. I just handled a case for a person who returned to court after 30 years.
    Answer Applies to: Illinois
    Replied: 5/20/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    No. For two reasons. The clock stops running on the limitations period when you are out of the country. Secondly, the clock already stopped running when you were first served with the citations or complaints. Hire a lawyer and face up to the charges, using what defenses your lawyer can find.
    Answer Applies to: Wisconsin
    Replied: 5/20/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The state you do limitation is tolled, that is does not run, while you are out of the country and therefore the warrant and prosecution can go forward whenever they get you. What you're describing is extremely serious and you should be engaging in attorney to try to straighten this out so that you did not see significant jail time upon your return.
    Answer Applies to: Michigan
    Replied: 5/20/2015
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    A "Statute of Limitations" does NOT apply in your case as your matters were already charged, and then you failed to appear.....so the cases can stay "active" indefinitely until you are brought into custody. A statute of limitations applies to matters that have NOT been issued yet. If that were the case....then depending on the jurisdiction, charges would have to be "filed" within that limitations period.
    Answer Applies to: Missouri
    Replied: 5/20/2015
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    It does not sound like the statute of limitations has been violated, in your case. The government has to FILE charges before the statute of limitations expires. When you left the country, that did nothing to stop the government from filing the charges. They will be waiting for you when you return. That being said, sometimes the government will have a hard time prosecuting old cases. Who knows what has happened to the police officers or witnesses. Hire a lawyer and help yourself get the best result possible.
    Answer Applies to: Utah
    Replied: 5/20/2015
Click to View More Answers:
12 3 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!