QUESTION
Is there a Statue of Limitations for DUI charges?
Asked on Aug 11th, 2015 on DUI/DWI - Georgia
More details to this question:
Does the state have a statue of limitations on how long after a suspected DUI incident occurs can a person actually be charged with a DUI?
5 ANSWERS
On a misdemeanor DUI charge in California, the state has one year from the date of arrest to file charges to be within the statute of limitations.
Answered on Sep 03rd, 2015 at 3:28 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. 1 year for misdemeanor, 3 year for felony. If they do not file on you you can deny you were ever arrested under PC 849.5 An arrest that doesn't result in charges is a detention, not an arrest.
Answered on Sep 03rd, 2015 at 3:27 PM
Generally prejudice is presumed (in your favor) after 1 year has passed and no charges are filed.
Answered on Sep 03rd, 2015 at 3:27 PM
Criminal Defense Attorney serving Riverside, CA
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Law Office of A. Marie Felsen, Esq.
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Misdemeanor DUI is 1 year (meaning the DA has 1 year to file charges from the time of the incident) Felony DUI (either 4th DUI or a DUI with injury) the DA has 3 years to file charges from the time of the incident) If they file after the deadline- then your attorney may file a cerna motion to stop it. Aniko "Mrs DUI" Hoover, Esq.
Answered on Sep 03rd, 2015 at 3:27 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. In Wisconsin a misdemeanor must be charged within 3 years; a felony within 6. OWI is a misdemeanor if it is the first to fourth offence, except under certain circumstances it can be charged as a felony.
Answered on Sep 03rd, 2015 at 3:27 PM