what is the statute of limitations on DUI's in the state of Florida? It's been almost a year and half since my daughter was arrested for DUI but it has not been sent to trial yet and keeps getting pushed back. Is there a time limit on when the state can prosecute you?
2 Answers from Attorneys
It's not clear whether your problem is statute of limitation or speedy trial. In the case of a misdemeanor DUI, the state has two years to file the charges. However, a DUI is considered charged with the filing of the citation in most cases. The state has 90 days to bring a misdemeanor DUI to trial. However, if continuances are requested and granted for the accused, that time period is waived. 18 months is not terribly unusal for a DUI, but is getting close to the edge of when resolution should occur. If your daughter thinks her attorney is dragging his feet, she should speak with him or her.
I agree with Mr. Waggoner. Speedy trial on a misdemeanor DUI is 90 days; however, that right is often waived by the Defendant (through his/her attorney). I also agree that a normal DUI prosecution should not take much more than 18 months.
Good luck.
Aaron J. Slavin, Esq.
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