Statute of Limitation on DUI's
What is the statute of limitations on DUI's? If you were arrested for the offense when it happened, can they come back 7 years later with a warrant for your arrest when you thought it was taken care of?
2 Answers from Attorneys
Re: Statute of Limitation on DUI's
Hello there,
The statute of limitation on a misdemeanor DWI is two years. The state would have to file a complaint and information within the date of your arrest.
If this is a felony, the state has three years to present the case to a grand jury and obtain an indictment.
Sometimes, people move around and they don't get information regarding whether or not there case was filed or indicted and that may be the problem you are having.
What you should do is either contact the County or District Court Clerk's or contact your bail bondsman. They should be able to tell you what the status of your case is.
Sincerely,
Erick Platten
PLATTEN LAW OFFICE
TylerJustice.com
STATEWIDE REPRESENTATION
STATE WIDE TRAFFIC TICKET DEFENSE
9035939100 OFFICE
Re: Statute of Limitation on DUI's
Mr. Platten is correct.
Wanted to additionally state that this problem has arisen in your county before. If there was a hearing set within the statute, and you did not appear, there was a warrant for you. That may have tolled the statute. HOWEVER, caselaw requires that the state utilize diligence in executing that warrant. If you can establish that you were 'easily found' to serve that warrant, then the case can be dismissed for laches.
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