statute of limitations
I was charged with dui in 1998. would like to know if there is a ststuate of limitations on these charges. haven't been in any trouble at all since then.
1 Answer from Attorneys
Re: statute of limitations
A DUI is a misdemeanor. Once you are arrested for DUI, the prosecutor has two years in which to file charges with the Clerk of Court. If charges are not filed with the Clerk in a timely manner, you cannot be prosecuted.
If the prosecutor files charges in a timely manner, unless you file a speedy trial demand in a timely manner, there is no limit on the time the prosecutor has to bring the case to trial.
Once you properly filed a speedy trial demand, the prosecutor must try your case by the end of the term of court following the term during which you filed your demand.
J. Michael Mullis
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