Legal Question in DUI Law in Washington

Re: Statute of limitations

The crime of DUI is a gross misdemeanor in Washington State. Generally, gross misdemeanors have a two-year statute of limitations. However, when a defendant voluntarily absents himself from the proceedings and that court having jurisdiction issues a warrant, the statute of limitations is tolled. This is to say that all the time your son was away is excluded from calculation in the statute of limitation. There are some exceptions if the prosecution failed to get a warrant or if your son was arrested in this state and the prosecution failed to act. I recommend that your son call a Washington-licensed attorney for assistance.

Re: Statute of limitations

DUI, being a gross misdemeanor, has a two year statute of limitations, which means the prosecution has two years within which to charge a defendant. Since your son was charged, the statute of limitations is no longer an issue. District and municipal court warrants expire after five years, and either lapse, or are renewed (by the prosecutor or administratively). In any event, your son would be well advised to contact an attorney in the County in Washington where the charges were brought, and the attorney in turn can look into the procedural status of the case. It is possible, but unlikely, that he ends up "falling through the cracks" if the warrant is not renewed, however he should not bank on that possibility given its unlikelihood. Please feel free to call me at 206-985-8000 if you have any questions.