QUESTION
Is there a time limit before i can be charged with DUI?
Asked on Jul 05th, 2013 on DUI/DWI - Illinois
More details to this question:
I got a driving under the influence charge last April. I passed 2 tests but was still handcuffed and brought to the courthouse for breath test. I have chronic emphysema and could not blow before it timed out. He gave me about 8 chances then to hospital for blood alcohol content then back to court house where we waited 45 minutes for the magistrate. I was read my rights when the magistrate finally got there and let go with no bail.
3 ANSWERS
Michael J. Breczinski
They can take months sometimes waiting for the lab results.
Answered on Jul 10th, 2013 at 9:18 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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There are statutes of limitations for when charges can be brought, but as you may well have already guessed, there are ways around those rules as well.
Answered on Jul 09th, 2013 at 10:15 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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If your question is how long the prosecution has until it files a case, it depends. If this is your first DUI offense, the case must be filed within one year from the date of the offense. Fore example, if the alleged drunk driving offense occurred on April 1, 2013, the case could be brought as late as April 1, 2014. If you have priors and/or there are circumstances that allow for a felony filing, the general time limit is three years from the date of the offense.
Answered on Jul 09th, 2013 at 10:15 PM