QUESTION
Can I be charged with a DUI a year after it happened?
Asked on Mar 28th, 2013 on DUI/DWI - California
More details to this question:
I went to court at least 4-5 times to make sure it was not there or filed and no it wasn't, then I go to the DMV and they said that I have a DUI, but after a while the DMV said I could get my driver’s license in a certain amount of time and right when I was about to get my DL I get a letter saying that I got a DUI. Why is it that after all this time I’m getting it when it was said that they had nothing on a DUI for me?
4 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You have two separate things against you when you are arrested for DUI, the DMV and the Court. If the prosecuting agency never filed charges you do not have a criminal conviction for DUI BUT if you failed to request a DMV hearing within 10 days of your arrest OR had a hearing and lost then you have a DUI in the eyes of the DMV. You have to jump through certain hoops like file an SR-22 and pay a reinstatement fee once the suspension has been served. If charges were filed in court within one year of your arrest you also have a DUI case, and may have a warrant if you failed to appear at your arraignment. A DUI lawyer in your area may be able to help you determine what has happened and what, if anything, can be done.
Answered on Apr 09th, 2013 at 7:46 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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DA has a year from the crime to bring misdemeanor charges, and 3 to 6 years for a felony. If filed late, you could bring a motion to dismiss.
Answered on Apr 01st, 2013 at 1:34 AM
Criminal Defense Attorney serving Beverly Hills, CA
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William S. Kroger Jr.
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The statute of limitations in a misdemeanor case is one year. So if it is over a year you should have a defense.
Answered on Apr 01st, 2013 at 12:09 AM
Darrell Jon York
They have a year to file the DUI charge against you. There is a motion that can be made to try and get the case thrown out on due process grounds.
Answered on Mar 31st, 2013 at 8:51 PM