How long does the district attourney get to charge me with DUI?

Question

On May 8, 2012 I got 2 tickets, one for DUI and one for reckless driving.  I hit a light pole, and went to the hospital that day. I went to court, June 9, and was not on docket. District attorney had not filed charges yet. A staff member next to court told me to check my mail every day to see if they ever file charges in the future. It has been almost 80 days since I got my ticket. How long do they have to file charges, and since it's been so long, do you think they ever will? and, what do you think about might right to a speedy trial.? I am not in jail, just waiting.

Austin Hirschhorn · Answer

Michigan law requires that a person arrested for a misdemeanor offense of operating while intoxicated must be arraigned within 14 days, have the pretrial in 35 days (42 days if it is a 1 judge court), and have the matter adjudicated in 77 days.  However, the court cannot dismiss or otherwise sanction a party for failure to meet these deadlines.  Most courts expect a defendant to waive these timelines if the case will extend past 77 days.  I suggest you contact the traffic court clerk of the court where your case is pending and try to get an answer to what is going on with your case since there is no way that the court can dismiss the ticket under the statute.  If you have hired an attorney to represent you, ask him to find out what is going on with the case.

Michael Dungan · Answer

The statute of limitations is 6 years, speedy trial is not terribly helpful, and even when it can be helpful, you need 18 months to run.  Your question is a little confusing.  

The ticket you received is the charging document, typically the officer turns in his copy of the ticket to the court, they create a file, and a court date is set.  I am not sure why you are being told that they are waiting for the prosecutor to file charges.

Michael J. Breczinski · Answer

It is still too early for the statute of limitations in this matter. The Statute is in years not months.? You want to just quietly check to see if it is ever issued. Check with the court. I would not call the prosecutor or police to ask. It might give them an idea to get the paperwork filed.

Benjamin Gordon · Answer

The statute of limitations for misdemeanor DUI in Utah is 2 years.

Gary Russell · Answer

The constitutional right to a speedy trial only applies once you have been charged.  The statute of limitations applies and limits the time the prosecutor has to bring charges against you, provided you are not intentionally avoiding answering any such charges.  

The prosecutor has not exceeded the time under the statute of limitations and still has plenty of time to charge you, if he so chooses.

Michael Jones · Answer

Unfortunately, they have two years to file most charges.  It depends on your jurisdiction.  In King and Snohomish Counties there prosecutor seldom files DUIs in less than 4-6 weeks and I have seen cases delayed for almost 2 years.  

I would still expect a filing and would suggest that you consult an experienced, local attorney to prepare your expected defense before your evidence gets any older or becomes stale.

Leonard A. Kaanta · Answer

Your right to a speedy trial starts when you are arraigned in court.

Robert Sisson · Answer

Did this happen in Wisconsin?  For misdemeanor charges the district attorney could take up.to three yrs. To charge u out, before the statute of limitations.

Randall England · Answer

The statute of limitations for a misdemeanor is generally one year. 

Since you were taken to the hospital, it is unlikely that you gave a breath sample. If blood was drawn, it could take months before the crime lab returns a blood alcohol result. 

That can be decisive in an injury DWI case because the state often lacks other evidence such as field sobriety tests.

Michael Nichols · Answer

6 years is the limitation on most misdemeanors.

Timothy Byrne · Answer

In Mississippi the district attorney would not handle a DUI-1st offense unless someone was hurt or killed.

Francis Cowhig · Answer

Your right to a speedy trial only applies once you are in jail or have had charges filed against you.  

Until that happens, there is no right to a speedy trial.  

The time limit for filing charges against you depends on whether this is your first DUI, whether you have had priors and whether you are charged with a misdemeanor or felony.  Depending on the situation, the D.A. may have a year to file charges.  

I suggest that you contact the clerk's office at the courthouse at least once every 2 weeks or so to see if charges have been filed.  More than likely, you will receive a letter in the mail from either the court, the D.A.'s office or the local police department, telling you that charges have been filed and telling you when to appear in court.

Jared Altman · Answer

Two years.

Stephen Freeborn · Answer

Jurisdiction is 2 years.  I suspect that they are probably still investigating the case, but then again, there is the possibility (remote) that you fell through the cracks.  As far as speedy trial rights, those don't come into play until you are charged.

Eric Sterkenburg · Answer

If you are out of custody the DA has up to a year to file charges on a misdemeanor charge. On a DUI case the DA will wait until they have all the evidence before filing charges if the defendant is out of custody. 

In a case like yours they could be waiting for lab results, information on damages from the accident or to get to it when they have someone to look at the report.

Bernal Ojeda · Answer

In Ventura County, it can take over 6 months.

Ernest Lee · Answer

Friend: What was your B.A.C. Perhaps it was only borderline DUI. 

It appears you are not going to be charged.  Just continue to look for the court date in the mail. 

To answer your question  the DA has Yrs. to charge you in theory, but practically, if he hasn't charged you yet most likely he won't.

Gregory Crain · Answer

One year.

Dean Valente · Answer

Depending on whether they try to charge under local ordinance or state law they have 3 - 6 years. Best you can do is lay low and don't remind anybody they haven't filed charges (i.e. don't call anybody like the police, prosecutor or court to ask if charges have been authorized yet) because eventually someone will check and pursue the matter.

It is a long shot depending how busy police and prosecutors are they usually get around to it. They may be waiting on damage estimates for the property you hit or there are a dozen other legit reasons for the delay. Good luck.

Joseph Dane · Answer

The statute of limitations is how long they have to file charges against you.  Assuming this is a misdemeanor, the statute of limitations is one year.  

If anyone else was injured in the crash, then it could be a potential felony and the statute of limitations is 3 years.  Your right to a speedy trial only begins once you go to court and are arraigned on the charges.

Michael Palumbo · Answer

You should retain counsel they cannot serve you by mail like that.

Terry Nelson · Answer

As a misdemeanor, prosecutors have up to a year from incident to file charges.  It sometimes takes several months or more when no in custody arrest was made at the time.  I can't predict why the delay, or whether charges will ever be filed.  

I would expect them to file though.  If and when they are, if serious about hiring counsel, feel free to contact me. I'll be happy to help fight the charges and get the best outcome possible, using whatever defenses there may be.

Jason Savela · Answer

Sometimes these things get lost.  I had a case a few years ago where the client showed up to court and there was no filing yet.  We were never contacted again.  

If they do mail you something, speak to a lawyer before you appear.  

The summons was a legal document forcing you to court.  You did your part.  There is no longer this requirement.  To make you go to court again, they need to personally serve you with a summons again.  Good luck.

Jeff Yeh · Answer

They have 1 year to file.

Dennis P. Mikko · Answer

There is a statute of limitations which could be as long as six years.  Whether the prosecutor will file charges is only known by the prosecutor.  The right to a speedy trial starts from the time charges are filed.

Harley Gutin · Answer

Typically, in Florida when an individual is given a ticket for a standard DUI he/she was placed under arrest and speedy trial time starts from the arrest.  If someone was seriously hurt or killed by the DUI then the investigating officers may not arrest the driver until after the blood comes back because they don?t want the speedy trial clock to start.  You should sit down with a lawyer in your county and discuss all of the facts with said attorney.

Gary Moore · Answer

One year to charge a dui.

Leonard Schwartz · Answer

Since he was charged with DUI and Reckless Driving he should not be waiting for anything except a Court date. He should be checking with the Court to see why it has not been listed for trial.

Matthew Kober · Answer

A misdemeanor has a two year statute of limitations, that means they can file anytime withing the two years.  There are times when the paperwork gets lost and then found later.   The more time goes by, the less likely they are to actually file.

James Edward Smith · Answer

1 year from incident to file dui.

Steven Alpers · Answer

If there was no injury, other than you, the DA has 1 year. If there was someone else injured could be 3 years.

Mark R. Thiessen · Answer

2 year statute of limitations.

Jeffrey Pollock · Answer

Two years Statute of Limitation in PA, so sit tight.

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How long does the district attourney get to charge me with DUI?

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