QUESTION
I was arrested for a DUI and the court has no records of the charge is there a time limit for the charges to be filed?
Asked on Oct 28th, 2012 on DUI/DWI - Michigan
More details to this question:
This would be my third offense - the other two were knocked down to impaired.
12 ANSWERS
John J. Carney
You should retain a good criminal lawyer since you are facing a year in jail on a third DWI arrest. The prosecutor has 90 days to be ready for trial. After that there is a five year statute of limitations to prosecute you.
Answered on Nov 02nd, 2012 at 12:07 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If the DUI is charged as a misdemeanor, the D.A. has 1 year to file a complaint. If the DUI is charged as a felony, the D.A. has 3 years to file. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 01st, 2012 at 10:47 PM
Michael J. Breczinski
On DUI thirds the cops sometimes take several months to issue the warrant. This is because they get certified copies of the prior convictions in order to charge you with the felony. Get an attorney.
Answered on Nov 01st, 2012 at 1:02 AM
DUI is a misdemeanor charge. The statute of limitations on misdemeanors is one year from the date of the incident.
Answered on Oct 31st, 2012 at 11:58 PM
Michael Paul Vollandt
In California the statute of limitation is one year from the DUI stop and arrest. If it goes more than the one year you have a defense.
Answered on Oct 31st, 2012 at 11:21 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You don't say how much time has passed. It may be that they are trying to decide how to charge you. You could be looking at a felony.
Answered on Oct 31st, 2012 at 11:19 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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If this was your 3rd arrest, it is possible that the police are waiting for a felony warrant to be issued. This could take awhile and would be the reason that the Court does not have any information yet. An attorney would be able to find out additional information about the status of this charge and arrange for a court date when and if the charge is filed.
Answered on Oct 31st, 2012 at 11:05 PM
Leonard A. Kaanta
The prosectot would have the record.
Answered on Oct 31st, 2012 at 10:57 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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6 years for a misdemeanor.
Answered on Oct 31st, 2012 at 5:35 AM
First of all, there is no such thing as "knocking down to impaired." A DUI is a DUI. Second of all, they have 1 year to file against you. You need to hire a DUI specialist ASAP, because you have only 10 days to save your license.
Answered on Oct 31st, 2012 at 5:26 AM
The DA has up to one year to file criminal charges from the date you were initially arrested.
Answered on Oct 31st, 2012 at 5:15 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The statute of limitations to file a DUI charge in Michigan is six years from the date of the offense.
Answered on Oct 31st, 2012 at 5:14 AM