Is there a statute of limitations for a DUI?

Question

I was released after a DUI charge in 2000. I relocated to Germany. Is there a statute of limitations for this?

Jules N. Fiani · Answer

Yes.

Jacob P. Sartz · Answer

Whether the statute of limitations apply depends on whether the case was actually initiated and depends on how and what a person is actually charged with. If there is an active warrant, there is no statute of limitations issue. If no charges were ever filed, then possibly, there may be issues bringing the charges at this stage.

Geoffrey MacLaren Yaryan · Answer

The statute of limitation only applies  where a case is not filed in a   timely manner. For a DUI it is one year after your arrest. However, if a case was filed after your arrest and you left the country the statute of  limitations  does not apply.

Leonard Levenson · Answer

The S/L for DUI is 2 years from the commission of the offense.  The  filing  of a complaint or the commencement of a criminal action or absence from   the state stops the clock from running.

Stacey Selleck · Answer

If you were charged with the crime and then never appeared in court in order to go through the process then there is likely still a bench warrant out for your arrest because you are in contempt of court.  There is no statute of limitations for this.  You were charged and you never followed through with a plea, trial or sentencing so this charge is still out there and will need to be taken care of.

Craig Elhart · Answer

The statute of limitations would be 6 years, however, your relocation out of the country may have tolled the statute of limitations.  More facts would be needed to provide a complete answer.

Jeff Yeh · Answer

If you left without dealing with it, then there must be a warrant for your arrest. And no, a warrant lasts until the day you die, there is no statute of limitations.

James Schoenberger · Answer

Yes but the in most instances statute is tolled when you are out of the jurisdiction.

Mark Broughton · Answer

Yes, 1 year. However, if the case was filed within that year the DA has complied with the statute. If YOU didn't appear in court, that's on you - the statute will not be a defense (some exceptions).  A warrant was probably issued and still exists. If so, the case is still active. There may be some defenses, however, so you might consult with a criminal defense attorney who can advise you more specifically on this. Hope this helps.

Jared Austin · Answer

Yes, they would have six years from the date of the incident to file charges against you. That doesn't mean that they have six years to find you or to bring you in, just to bring charges against you.

Michael Lynch · Answer

Most DUI's are charged as misdemeanors.  Misdemeanors have a one year  statute of limitations.  However, the time period is tolled while you  are out of the jurisdiction.  So long as the offense was charged as a  misdemeanor, and you have been in the jurisdiction for longer than a  year, the statute should have run.

Jared Altman · Answer

My question is: what do you mean by "released"?  If you missed a court appearance then there is no time limit. Otherwise, the limit is two years.

Matthew Murillo · Answer

Yes, but I'm afraid you don't fully understand what a statute of limitations is.  If it's a misdemeanor DUI, the statute of limitations is 1 year.  This is a FILING deadline, not a Trial deadline.  This means that the District Attorney has one year from the date of incident to file charges against you. If they filed in time, and you never appear on the case, you likely have a warrant for your arrest.

Mark R. Thiessen · Answer

Not if you took off.  They can still get you when you come back in.

Charles Shaw · Answer

You may be looking at a dismissal because of the length of time's impact on the preservation of evidence.  I know you will contact an attorney to handle your matter properly.

James Edward Smith · Answer

Not if you've been charged and never took care of it.  Otherwise it is one year from the date of the arrest or citation.

Cynthia Henley · Answer

The statute of limitations is tolled while a case is pending. You probably have a warrant for your arrest if you were in one of those counties that sends out notices for court appearances after a time period. You should call a lawyer local to the area in which you were charged to determine the status.

Michael Palumbo · Answer

No, because you were arrested.

Stephen Freeborn · Answer

In your particular case, NO.  I assume that once you relocated to Germany and as a result, did not show up for court, a warrant was issued.  The issuing of the warrant stays any statute of limitations.

Eric Sterkenburg · Answer

Statute of limitations for a DUI misdemeanor depends on what you mean. If the case was filed and the prosecution has not made any effort to find you within a year you are clear. However, you will need an attorney to file a motion on the case. If the case is not filed within a year you are also clear.

Craig Orent · Answer

Yes there is a statute of limitations for a misdemeanor DUI charge, but if you were already charged, especially if you appeared in court, then the time period is tolled (suspended). The SOL requires the State to "file" charges within the set time period. On the other hand, if the State did nothing to try to locate you and bring you to court via a warrant, it is "possible" (emphasis on the word "possible") that the case could be dismissed, depending on the circumstances.

Philip Hache · Answer

There is a statute of limitations for filing the charges.  For misdemeanors, the general time frame is 1 year from the time of arrest. There may be grounds to get the charges dismissed even if they were filed in a timely fashion, but  If charges were filed timely, and you relocated to Germany shortly after the incident  that can complicate things.

Thomas Mueller · Answer

The Statute is 1 year but that 1 year is a limit of time from the act and the  date the charge is filed. Since you left the state there would not be an issue  as to the Statute. However the D.A. also so has a limit on how long they can  wait till they serve or attempt to serve you. You need to hire an attorney to  handle the intricacies of that issue. A Motion will need to be filed. And  probably the lawyer needs to start by asking the judge to recall the warrant  that probably was issued when you left.

Gary Moore · Answer

The statute of limitations is for the filing of the dui complaint. Once the complaint is filed your absence/failure to appear in court does not give you the right to claim a denial of timely prosecution.

Cindy L. Barton-Coombs · Answer

Yes there is a statute of limitations, but it would be tolled if you were out of the country. You will have to determine if you have been in the country long enough to have the statute of limitations run. It is usually two years for a misdemeanor but the judge has to make the decision.

Keeley D. Heath · Answer

The statute of limitations for a drunk driving charge would be 6 years. However, if you were charged within the 6 year period, the statute of limitations would not be a defense (i.e. you cannot simply avoid prosecution for 6 years by leaving the country and be in the clear.). If charges were filed prior to you leaving, there is likely a bench warrant that was issued for your failure to appear that is still outstanding. It would be wise to obtain representation to look into this.

William Spern · Answer

Your prosecution must begin within one year of the offense.  However, if you are actually asking how long it stays on your record. It is a permanent part of your drivers history record and cannot be expunged since it is the basis for which any subsequent prosecution rests should you ever be arrested for the same offense again.

Michael Tumposky · Answer

Yes, but it is tolled while you are out of the country.

Robert D. Lewin · Answer

The Statute of Limitations limits the time in which the state can file a criminal charge. In Massachusetts the Statute of Limitations in a DUI case is 6 years. In other words the State has 6 years from the date of the offense in which to file the criminal complaint at Court. Once the complaint is filed in Court the Statute of Limitations is satisfied. If you fail to appear in Court the case remains an active prosecutable case forever.

Joseph Dane · Answer

They have up to a year to file misdemeanor charges (such as a typical DUI) and up to 3 years to file a felony (such as a DUI with injuries or if you had enough qualifying prior DUI convictions).  If they filed within the time frame, then a warrant can remain indefinitely, but you may have a motion to dismiss for failure to prosecute in a reasonable period of time.  Your attorney can advise you further. Your leaving the country may factor into your motion to dismiss.

Michael Nichols · Answer

Generally, 6 years is the statute of limitations for a misdemeanor.

Harley Gutin · Answer

Yes.  Statute of Limitations is running unless you were served prior to leaving and if you were arrested and fled then the Statute of Limitations probably does not apply.

Jaime Cowan · Answer

It is the decision of the county you were charged in as to how long it will continue to reactivate the warrant.

William Wood · Answer

There is a one year statute of limitations to file a misdemeanor charge  in Maryland.  If you were arrested and released, you were in all  likelihood formally charged at that time.  If that is what occurred, the  statute of limitations would not help you and you may have an  outstanding warrant.

Terry Taylor · Answer

If you received a citation then there is no statute of limitations.  If police obtained a warrant but no formal charges were filed against you then there is a possibility the statute of limitations has expired.

John Bussman · Answer

Yes and no.  If the case was filed within 1 year of the arrest, the SoL isn't your issue.  You have a right to a speedy trial after charges were filed, but it's hard to say whether or not your speed trial rights were violated.  Obviously, if you left the country, then it's not the DA's fault that you weren't brought to trial in a timely manner.  You may have a defense based along these lines, but tough to predict the chances of success without more info.

Scott Athen · Answer

If you were charged in 2000, and you failed to appear for trial, there is likely a warrant for your arrest. The State can still prosecute you, but proving their case may be difficult, especially if the arresting officer has retired. If you are planning on coming back to the States, you might want to have an attorney look into the status of the case for you. The attorney may also be able to have the bench warrant (if there is one) quashed.

Harris Gilbert · Answer

The is a SOL for dui.  However, if you left the country most likely you were given a bench warrant, which tolls the statute.  I

Eric Rothstein · Answer

The arrest satisfied the statute of limitations. If you didn't come back to court, there is likely a warrant for your arrest.

Kevin O'Grady · Answer

Yes, however, if you were released, chances are you were charged and it is still pending.  You should hire an attorney and determine if there is a bench warrant out for you.

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