Legal Question in DUI Law in Tennessee

What is the Statute of Limitations on first offense DUI?


Asked on 11/23/09, 2:28 pm

2 Answers from Attorneys

Michael McNulty McNulty & Associates

I'm not sure that I understand your question. Were you arrested or are you just in fear that evidence will lead to your arrest?

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Answered on 11/30/09, 12:53 pm

1 - Prosecution must commence within 12 months of the commission of the offense.

2 - Prosecution "commences" when a warrant is sworn, or you are indicted via a sealed indictment/presentment issued by a grand jury.

3 - In other words, assuming you were in a car wreck, taken to the hospital, never arrested or charged with anything, but you are afraid that if law enforcement officers look into the situation they MIGHT discover you were under the influence of alcohol/drugs. How long must you worry?

Twelve months.

4 - Certain things will "toll" or stop the running of the statute of limitations, such as leaving the state.

5 - Do not confuse "statute of limitations" (how long after the offense you must be charged) with "speedy trial" (how long after you are charged you must be tried). As a general rule, in Tennessee speedy trial is assumed to be within one year of arrest.

By the way, the Statute of Limitations is correctly called "Limitations of Prosecutions" and can be found at T.C.A. �40-2-101 and subsequent statutes.

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Answered on 12/14/09, 10:55 am


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