What is the criminal statute of limitations for a DUI/DWI?

Statutes of limitations on DUI/DWI prosecutions are designed to prevent “stale” prosecutions. Each state sets its own limits depending on the degree of drunk driving violation or on the possible sentences for the violations.

However, it is important to understand that a DWI statute of limitations will not protect you if a case has already been filed against you in court. Statute of limitations on DUI protect against the filing of charges an extended period of time after the alleged offense occurred.

Once the charges have been filed, if you fail to appear and answer the charges, a bench warrant will be issued for your arrest. A bench warrant will remain in effect until you have been arrested or turn yourself in to face the charges.

If you believe you may have a bench warrant for a DUI, contact a DUI lawyer. Avoiding the charges will likely make matters worse, and if you are perceived to be avoiding charges it may be more difficult to defend yourself and less likely that you will receive favorable concessions from the prosecution or judge, like offers of probation.

Misdemeanor DUI Statutes of Limitations

Statutes of limitations for misdemeanor DUI charges usually permit prosecutions for at least one year after the date of the offense, and sometimes longer. Misdemeanor drunk driving charges are generally restricted to first, second or third time DUI offenses without aggravating factors. However, in some states a third DUI or even a second DUI may result in a felony charge.

Felony DUI Statutes of Limitations

Statutes of limitations for felony drunk driving charges are significantly longer than statutes for misdemeanor charges. If a death was involved, the DUI or DWI may also involve homicide charges, and these offenses typically have even longer statutes of limitations. Felony DUI charges are often the result of aggravating factors. Aggravating factors are circumstances that increase the seriousness of the DUI. Examples of aggravating factors include multiple charges for drunk driving or driving under the influence, causing an accident or injury, high blood alcohol (BAC) content, evading arrest, or the presence of a minor in the automobile. Missing a court date or attempting to hide or leave the state until the statute of limitations runs does not prevent prosecution. Once formal charges have been filed in the manner prescribed by the law of the state where the DUI occurred within the statute of limitations period, the statute of limitations period no longer provides a defense.

DUI Statute of Limitations in California

For DUIs in California, California Penal Code states that the district attorney has a period of one year to file criminal charges following an arrest, as long as the charge is a misdemeanour. However, there is no statute of limitations on DUI arrest warrants (these may be active indefinitely).

DUI Statute of Limitations in Florida

For DUI cases in Florida, the statute of limitations depends on the way the crime is charged including:

• one year for a DUI-related offense charged as a second-degree misdemeanour;
• two years for a DUI-related offense charged as a first-degree misdemeanor;
• three years for a DUI-related offense charged as a third-degree or second-degree felony;
• four years for DUI-related offenses charged as a first degree or second-degree felony; or
• no time limit for any felony DUI-related offense that results in the death of another person.

In Florida, a DUI can be charged as a misdemeanour or a felony depending on the number of prior convictions and the type of damage caused in the accident.

Statute of Limitations on DWI in Texas

In the state of Texas, a DWI is usually considered a misdemeanour offense, which means the authorities must indict you within two years of the offense. So, the statute of limitations for DWI in Texas is two years. If eligible, a petition for expunction may be filed immediately once the statute has been executed.

Statute of Limitations on DUI in Georgia

The Statute of Limitations on a DUI in Georgia is two years, meaning that in Georgia, the prosecutor has two years to file the formal charges against someone in a DUI case with the Clerk of Court.

Case Studies: Statutes of Limitations for DUI/DWI Charges

Case Study 1: Delayed Prosecution

John was involved in a DUI incident in State A, where the statute of limitations for misdemeanor DUI charges is one year. However, due to administrative delays and backlog in the court system, the charges against John were not filed until two years after the offense. Despite the statute of limitations technically expiring, the court proceeded with the case as the charges were formally filed within the prescribed time limit.

Case Study 2: Aggravating Factors

Sarah has a history of DUI offenses in State B. She was recently arrested for a DUI with aggravating factors, including causing an accident resulting in injury. State B has a longer statute of limitations for felony DUI charges involving aggravating factors. The charges must be filed within three years of the offense to pursue a felony conviction. In this case, the prosecutor filed the charges within the statutory period, allowing the case to proceed as a felony DUI.

Case Study 3: Homicide Charges

Mark was involved in a DUI accident in State C that resulted in the death of another person. State C has an extended statute of limitations for felony DUI charges involving homicide. The law allows prosecution for up to five years after the offense. The charges were filed within the statutory period, and Mark now faces felony DUI and homicide charges.