statute of limitation
I would like to know if there is a time period in which the law has to prosicute for DUI. I was cited for DUI over 3 years ago and now the state of MT wants to prosicute.
1 Answer from Attorneys
Re: statute of limitation
Your question deals (sort of) with statute of limitations, which has to do with how long after the fact does law enforcement have to charge you. With misdemeanors that is one year, with most felonies five years. Your case has to do more with your right to a speedy trial. If your DUI is charged as a misdemeanor, the prosecution has six months after your entry of a plea of not guilty to bring you to trial. If you have been charged with a felony, the rules are different and not as clear with respect to time as other factors are involved. Your attorney can help you with this. If you have waived your right to a speedy trial or asked for a continuance the time rules don't apply in the same way. Good Luck!