QUESTION
What is the Statute of Limitations for a DUI in the state?
Asked on Jun 09th, 2015 on DUI/DWI - California
More details to this question:
My son in law was recently charged for a DUI he received 15 years ago. He was also charged with numerous minor unrelated offenses also from many years back. After deliberating they informed him they would drop the minor charges and charge him $1000.00 for the DUI and if he is delinquent on his fine they will reinstate the dropped charges. My son in law is not a criminal who is in & out of jail. He is a hard working husband and father. He had problems in the past but that was a long time ago. It just doesn't feel right to me and I'm not familiar with this area of the law. Will you please help me? Then we will at least no if we have any options.
4 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If the DUI (=OWI) offense is a misdemeanor (i.e. not past the fourth offense) then the limitations period is 3 years. But the clock stops running as soon as the charge is filed which the prosecution may have done years ago. There are also various other technicalities and details related to limitations periods. First things first: consult a skilled criminal lawyer. Your lawyer might also want to bring motions to dismiss for failure to prosecute. The whole story sounds very unusual, to say the least, and I am concerned that there is more here than you have been told. Find him a good lawyer. Good Luck.
Answered on Jun 09th, 2015 at 2:18 PM
There is no statute of limitations for warrants. He should hire a lawyer to go to court to recall the warrant. A lawyer can do this without him present if the underlying charge is a misdemeanor, so it is less risky for him.
Answered on Jun 09th, 2015 at 1:25 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Cannot give opinion without reviewing the court file. SofL may apply but cannot tell from this information. He needs an attorney or at least the Public Defender. Would not be unusual for the State to make these threats, he should demand trial and more than likely the State will dismiss the morning of trial.
Answered on Jun 09th, 2015 at 1:00 PM
Criminal Defense Attorney serving Riverside, CA
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Law Office of A. Marie Felsen, Esq.
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That's odd. Usually the DA has 1 year to bring charges for a misdemeanor DUI.
Answered on Jun 09th, 2015 at 12:59 PM