QUESTION
DUI- How long afterward can you be charged?
Asked on Jan 23rd, 2013 on DUI/DWI - California
More details to this question:
Hi. I was responsible for a car accident in January 2012. In the accident, I was knocked unconscious and taken by ambulance to trauma for surgery. I wasn't charged with anything legally, I hit a stationary object and I was the only one involved/injured. My license was suspended because I passed out, and the DMV is requiring a Medical Evaluation regarding the Lapse of Consciousness- essentially, did I become unconscious for a medical reason and that caused the crash, or did I become unconscious as a result of the crash. Great, no problem, I got my records from the hospital that show it was the latter. However- there is one major problem: The lab reports from the ER reflect a drug test positive for opiates and a very illegal BAC. If I give these to the DMV, it does prove that I don't have any disorder that affects my consciousness and I can reinstate my license. BUT it also very clearly shows that I should have gotten a DUI. Which would be my 3rd DUI, and would put me in jail. Can I still be charged if I turn this in? What should I do?
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
A 3rd dui must be charged within a year.? I assume the CHP or other police who investigated your case would have referred your case for prosecution within the year.? Only a felony dui can be filed up to 3 years from its commission. A felony? is the 4th dui or an accident which causes injury to a person other than the drive CVC 23153(a).
Answered on Feb 07th, 2013 at 2:40 AM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Any misdemeanor has a one year statute of limitations from the discovery of the crime. It probably and logically runs from the date of the collision and injury for purposes of any criminal prosecution, plus, the prosecutor would already have filed if they intended to. But DMV could possibly argue it runs from their learning of the BA level as to their normal DUI based license suspension. I don't think so, but there are no guaranteed answers. You'll have to make your own decision /best guess, and live with the consequences. You'd always have appeal rights as to Department of Motor Vehicles actions.
Answered on Jan 29th, 2013 at 8:24 AM
Geoffrey MacLaren Yaryan
The statue of limitations is one year. You need to check and see if a warrant was issued.
Answered on Jan 29th, 2013 at 8:08 AM