How long does the prosecutor have to file DUI charges?

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How long does the prosecutor have to file DUI charges?

I wrecked my motorcycle 7 weeks ago on wet roads no one else was involved. A trooper arrived in the emergency room and asked for blood to be drawn I consented because I know refusal is 1 year mandatory suspension (I have a CDL). I was transferred to another hospital for 3 days then released. I just received a substance use form regarding alcohol abuse for my doctor to fill out.I was never contacted by police and I went to get copy of accident report was told it’s not ready yet 7 weeks later.Can they still charge me?Police said I’ll get something in the mail.

Asked on October 3, 2011 under Criminal Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In most states a driving under the influence of alcohol or a controlled substance is a misdemeanor. The time for the district attorney's office to file a charge for a misdemeanor is at least a year in your situation.

In answer to your question, you can still be charged with a misdemeanor offense even though the incident that you were involved in happened seven (7) weeks ago.

Given your concerns over what happened and the possible criminal charges to be filed against you, I would seriously consider looking for a criminal defense attorney to represent you in this matter. If your county court system has an online website regarding matters, you can possibly check online to see if any charges have been filed against you.

Good luck.


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