Statute of Limitations for a DUI


I have gotten several calls from potential clients asking what the statute of limitations is for a DUI. I always hear the same story from them and it goes a little something like this…

“I was arrested about 10 months ago for a DUI. I spent the night in jail and released with a court date. I showed up at the court date and told that the district attorney had not yet filed charges. I haven’t heard anything from the court. Is there a time for which the district attorney must file charges or will I have this hanging over my head forever?”

Well, the answer is no, you will not have it hanging over your head forever. For a non-felony DUI, the district attorney has one year from the day you were arrested to file charges. California Penal Code section 802 states, “Except as provided in subdivision (b), (c), or (d), prosecution for an offense not punishable by death or imprisonment in the state prison shall be commenced within one year after commission of the offense.” Subsections (b), (c), and (d) are not applicable to DUI cases. Therefore the statute of limitations on any misdemeanor DUI is one year.

Most of the time, the prosecutor files charges by the first court date. However, there are some circumstances in which prosecutors wait to file charges including waiting on a blood test, cases where the BAC was close or below the legal limit, or simply where the prosecutor is backlogged in reviewing potential cases to file. If charges have not been filed, the person will be notified of such during the first court date and told that they will receive a notice by mail if and when charges are filed.  In these cases, many people often do nothing, hoping that the prosecutor will just “forget” to file charges. On the contrary, it is often advantageous for people to hire an attorney prior to charges being filed so that the attorney can attempt to prevent charges from being filed.

Also, people are often mistaken when they believe that the statute of limitations has run on an old DUI when they simply did not take care of the case. For example, someone might think that the statute of limitations has run on a seven year old DUI that they never appeared in court for. This belief cannot be more wrong.  If charges were filed within a year of the arrest, not prosecuted, the statute of limitations has been met.

If this is you, chances are you have a warrant out for your arrest.

This entry was posted in California State Law, Court Proceedings, DUI Arrests and Procedures, DUI Laws, Recent News, State Legislation and tagged , , , , . Bookmark the permalink.

12 Responses to Statute of Limitations for a DUI

  1. Ashley says:

    I lived in Hawaii for a year and got a DUI. I blew a .10 and was served, went to court and it was filed without prejudice. I recently moved about 6 months ago now and now I hear they are looking to serve me again and open up the case again. How long is the statute of limitations on this? I understand they could reopen the case but can they serve papers across state lines? And how long do they have to serve papers?
    I read previously on your blog that they have a year but since my case was already over and done with I am not sure what the time restraints on it are?

    Thanks so much for your time!
    Sincerely
    Ashley

  2. Vernon says:

    A friend of mine got a DUI in Calif Sacramento 10 1/2 years ago and I just wanted to know what is the statute of limitation is thank you for your time

  3. Ruth says:

    My friend got 2 dui’s 10 years ago. Is there a statute of limitations on the required classes and fines to have your license reinstated? He is also incarcerated and getting out in 3 months and heared some of the fines are waved because he has served time? Any information would be helpful. Thankyou

    • Jim Hunter says:

      I received a DUI in Arizona in 1984. I moved away from Arizona in 1985.
      In 1986 I received my court date just under 2 years from the DUI arrest.
      I did not return to Arizona for the court date, and haven’t been back
      in 28 years. Would I still have a warrant out for my arrest?
      Thank you,
      Jim

      • Dale says:

        Yep, I am going thru BS right now from a DUI in AZ in 1986. Showed up just never did anything court said, left AZ in 1989. Have lived in CA ever since, they just this year refused to renew my DL over it (this is BS in itself there needs to be limitations for things this old). Contacted ADOT they referred me to the original court, these bastards threatened me, “good thing you are not in AZ or you would be arrested……”. I am good at making threats right back which I did, that quieted the broad on the phone real quick. Bottom line is they are extorting $600 out of me with no evidence of original crime as it was all destroyed years ago due to space requirements. Was told if its in the computer you pay if you want your license. I am arranging payment and will upon return of my license I will sue the County involved and quite possibly the State of AZ itself for blackmail. (my atty is advising this by the way). Good luck.

        • Jackie says:

          AZ is HELL with DUIs–NO Stat of Limitns on DUI charges OR conviction records.

          I also just got my CA DL Renewal Held for a 2007 DUI (Rx only) in AZ. Nightmare to get CA DMV’s required “Clearance” from AZ, including an AZ IGNITION INTERLOCK –which is NOT EVEN REQUIRED IN ARIZONA anymore for DUI Rx!

          All hail the corrupt Ignition Interlock Industry ($BILLIONS) and their paid-off mercenaries, MADD (who do IID dirty work in State Legislatures)

  4. Aaron says:

    I was ticketed with a DUI ticket when I was 17 years old. On the ticket it was stated that it was an infraction not a misdemeanor or a felony. I appeared on the court date that was given and the clerk had told me my name was not coming up on the computer. My license was suspended for one year by the DMV. I am trying to get my license reinstated, and was wondering if i still have to complete a DUI program for a DL 101 Form?
    And what will happen with the court case? will it ever come up again? or has the statute of limitations been up already? I haven’t heard from the court at all.
    if u can get back to me asap that would be great !!!

    • Brent Van Meter says:

      I can tell you I received a DUI in 1999 and Moved away from the state of Kansas same deal as yours i moved back here in 2010 had my Cousin of which is a Kansas Highway Patrolman run a Wants and Warrants check for me it was all clear and then out of the Blue November 2013 a Police officer pulled into my drivewayand had a warrant for my Arrest for this DUI in 1999!!! 14 years later beleive me i am in Court now and they have no Mercy even though I never got papers and so on!! I would tryto get ahold of the County where DUI happened and make arrangements to take care of this!!

      • mike says:

        file a serna motion anything after a year if they dont try to prosicute or serve u has to be dropped in california check into it

  5. Aaron says:

    This was 4 years ago by the way

  6. John W. Fink says:

    My son was arrested in July of 2010 for a misdemeanor DUI.
    My wife and I went and picked him up from the police facility that night. Since then, he has never been given a court date, license suspended, nothing on his DMV report, or any documents from any government agency.

    Now in October of 2013, he just received notice of a Court Date in December.

    Does the 1 year statute of limitations for the DA to file for arraignment apply to a case like this?

  7. Bryant Winkels says:

    15 years ago, I had a single car accident where I ran off the road and rolled my truck. I sustained a C-6 spinal cord injury and am paralyzed from my chest down. My blood-alcohol content was 0.19. I was very weak when they rolled me into the courthouse. The bailiff came out and spoke to me and told me I should just go home and there’s no way that he would ever come and arrest me. I have since become an author and have worked my myself back to good health and would like to drive again with a modified vehicle of course. What is the likely scenario that I would have to go through to get reinstated.
    Thanks

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