What happens with my husband's DUI?

A DUI can be filed anytime for up to ten years from the date of the offense. After the charges have been filed and your spouse is arraigned, there are time limits to move a case absent a waiver of those time constraints.

I think you've got more problems with your husband's alcolholism than to worry about when the cops will file. Seek out help for hubby NOW. You'll need to show the court he's in rehab for when he's sentenced for that drunk driving he'll be charged with. I don't know why you're asking non- lawyers LEGAL QUESTIONS. The cops can come after hubby even after a year has passed and beyond.

You need to check the court file to see if the carges were dropped or not.

Swerving is very subjective and is the first place to turn for a defense. The priors complicate things for him and may lead to a problem here but you don't know until you look at all the facts in the case.

No time limit but he should check with the court.

The chances of the authorities blowing the date are between slim and none. You husband NEEDS an attorney now, he is looking at loss of license and jail time if this is indeed his second DUI, and it is a 5 yr felony if it is a third.

For urinating in public your husband was probably charged with being a disorderly person. As far as disposition of a drunk driving ticket is concerned the court rules require that it be disposed of in 126 days after it is assigned to a judge. Tickets are usually issued at the time of arrest unless there is a blood test involved. If a blood test was ordered, the ticket will not be issued until after the blood test results are received. I suggest that if you are concerned about whether a ticket has been issued you should call the police department that arrested him and ask them if their records reflect that a ticket was issued to him on the date he was arrested. If it was mailed you should try to verify if it was mailed to the right address. If your husband has a prior drinking and driving conviction you need the services of a good lawyer to try and mitigate the charges to the extent possible. If he has had multiple drinking offenses, the officer handling the case may be waiting to see if a warrant would be issued for enhanced offenses.

Depending on whether OWI was written under state law or local ordinance, the statute of limitation is years not 30 or &0 or 90 days. The court may be busy but you should get initially arraigned within 10 days and pretrial within about 30.

The statute of limitations is 6 years, so he is not out of the woods at all. They may be ordering blood results which can take many months.

There is neither a 60, nor a 90 day requirement that your husband be charged with the offense under current law. Relying on the hope that his matter gets "lost in the system" is a foolish way to deal with a criminal charge, especially if it is his second offense, which may be the reason for the delay in charging. Your husband should make sure that he was not provided notice of a court date and just failed to appear. Usually following an arrest, the person, upon release, is either issued a ticket charging him/her with the offense, or a date for arraingment. If he received either and failed to appear in court, then a warrant will have been issued for his arrest for failing to appear. He should consult with an attorney.