Legal Question in Criminal Law in Colorado

Statue of Limitations

What is the statue of limitations for prosecution for a DUI in Colorado. It has been 21 plus years since the arrest and failure to appear of the offense. Can the State of Colorado now prosecute me for that offense? The DMV will not issue a license because it shows a traffic ticket marked as a ''left on red'' at the same time as the DUI, is it a trap?


Asked on 9/12/05, 8:59 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Statue of Limitations

SOL is probably OK due to the filing of the charge. But there is a bigger problem:

The DA probably cannot prove the case. The cops might be unavailable. The file is likely lost. There is no evidence left. I would find it extraordinary if the DA even attempted to prosecute you.

As for the license issue, you probably just need to pay an OJW fee to the court that issued the warrant and then you can get your DL. Contact the court where the ticket originated, give them all the information DMV gave you. That court will likely issue a clearance with the payment of a fee ($30). You may be able to do this by phone or mail.

There is also a SOL that is constitutional. SOL arguments are difficult where you are the one that prevented the case from proceeding.

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Answered on 9/12/05, 9:49 pm


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