QUESTION
What is the DUI statute of limitations and how long?
Asked on Apr 30th, 2015 on DUI/DWI - California
More details to this question:
I got a DUI in 2006 when I was 19. I was over the zero tolerance limit because I got a .05 on the breathalyzer test so they arrested me. I had my license taken from me for a year and was given the temporary license. I never received any additional notice from the court. I am now in the application process for a job that requires a detailed background check. I want to clear the DUI up so that it does not hurt my chances of getting hired.
9 ANSWERS
Alexis Anne Plunkett
In Nevada the statute of limitations for a DUI is one year meaning the prosecutor has up to one year from the arrest date to file a complaint. It kind of sounds like you don't know what happened in your case either a complaint was never filed and you're probably good, or else a complaint was filed years ago and you likely have a warrant for your arrest. You should call the court and see if there is an active case against you.
Answered on May 04th, 2015 at 5:04 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Wow. That is odd. Did you hire a lawyer? If so, you need to contact that lawyer. If not, you need to check with the clerk of the courts to see what the status is (to make sure that you don't have a warrant and didn't just miss court.)
Answered on May 01st, 2015 at 11:08 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I don't think the concept of statute of limitations applies to your situation. You got an OWI about 9 years ago. If it was a first offense, and in Wisconsin, it is not a criminal offense in any case. Some OWI's do not count in calculating the penalty for a later OWI, if they more than 10 years old. But they don't necessarily disappear from the record. You might want to consult a skilled OWI lawyer to see if there is some way to get the original judgment vacated, but that is not often successful.
Answered on May 01st, 2015 at 12:02 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Misdemeanor DUI has a 1year statute of limitations.
Answered on May 01st, 2015 at 10:35 AM
3 Awards
I can help. What county was the case in? Did you bond out or sign a summons? Have you gotten your Drivers License back?
Answered on May 01st, 2015 at 10:34 AM
James Edward Smith
You need to bring the case before the Court if one is pending. If one is not pending then you're off the hook. There is probably a bench warrant out for you.
Answered on May 01st, 2015 at 10:31 AM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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In Ohio, Dui convictions remain on your driving record forever and cannot be expunged
Answered on May 01st, 2015 at 10:30 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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You need to hire an attorney and consider filing what is called a Serna motion.
Answered on May 01st, 2015 at 10:27 AM
You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.
Answered on May 01st, 2015 at 5:35 AM