Statute of Limitations for a DUI

  • By:DUI Blog
  • 100 Comments

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.

Posted in: California State Law, Court Proceedings, DUI Arrests and Procedures, DUI Laws, Recent News, State Legislation

Comments

100 Responses to “Statute of Limitations for a DUI”

  1. Ashley

    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

    August 23, 2013 - 12:37 pm #
    • fred thomas

      I was convicted for a dui 2 years ago and now there suspending my license is there any thing that could be done about this.

      August 17, 2016 - 11:18 am #
      • Ronald M Kelley

        I was arrested after my fith dui sent to prison for 16 months i have had a 18 month dui class to do now it is 30 + years later do i still haveto do the dui class?

        May 8, 2019 - 12:34 pm #
        • Ron

          I got my last dui in 1993 it was my fith one i went to prison and served 16 months i am now 52 years old can k get .y license back

          May 8, 2019 - 12:43 pm #
  2. Vernon

    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

    September 4, 2013 - 12:12 pm #
  3. Ruth

    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

    September 23, 2013 - 9:12 am #
    • Jim Hunter

      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

      January 11, 2014 - 7:52 pm #
      • Dale

        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.

        March 15, 2014 - 7:11 pm #
        • Jackie

          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)

          April 11, 2014 - 9:59 pm #
          • Christina

            Jackie,

            Did you have to get the interlock? I’m going through the same thing with AZ DUI Misdemeanor I received in 2008.

            January 5, 2015 - 5:22 pm #
        • Jim Canterbury

          Just wondering…Did you get the dui with an Arizona drivers license, then get a California license when you moved? Or have you maintained the Arizona license all these years? I’m just trying to figure out which state is denying you a renewal.

          June 26, 2016 - 7:45 am #
    • brandon

      Someone answer this one!

      June 17, 2016 - 7:07 pm #
    • Sara

      This is my exact problem as well. I got a dui (this was my first and only) 10 yrs ago. After 6 months I was allowed have my my license reinstated but the dmv wouldn’t let me have my license back until I completed this $400 weekend course. I could not afford it and this happened nearly a decade ago. Do you think or know whether it’s possible since it was so long ago and I’ve had zero problems since they would just give me my license back without the class? If anybody has advice I would really appreciate it. purplekitty0712@gmail.com

      April 10, 2020 - 10:28 pm #
  4. Aaron

    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 !!!

    October 25, 2013 - 12:00 am #
    • Brent Van Meter

      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!!

      January 17, 2014 - 1:05 am #
      • mike

        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

        May 5, 2014 - 2:55 am #
  5. Aaron

    This was 4 years ago by the way

    October 25, 2013 - 12:01 am #
  6. John W. Fink

    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?

    October 27, 2013 - 9:40 am #
  7. Bryant Winkels

    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

    July 31, 2014 - 10:00 am #
  8. joey martinez

    I got a dui almost ten years ago and I moved out of California and haven’t been back since. Is their a statue on it.

    September 22, 2014 - 1:03 am #
  9. Kara

    I got a DUI 7 years ago in New Hampshire. I had to pay a $600 dollar fine and had my license suspended for 2 years and was also required to take DUI classes. I still have never taken the classes. It has been 7 years..Do I still need to take them before getting my license back?

    September 24, 2014 - 3:55 pm #
  10. michael Easthom

    I am disabled and have an equilibrim problem when I walk. They did not have me blow, but issued a dui. I went ahead and paid a $731. ticket. This was in 1995 in Georgia. I got a fla license in Florida in 1971. I let my license expire and now they are saying I have this on the national data base. Isn’t there a statue of limitations on a dui from 20 years ago. What can I do? It shouldn’t from 1995 to 2007 to get into the national data base.

    October 7, 2014 - 3:49 am #
  11. John

    I live in Hawaii now and have a license,but I had to terminate my license in California.I did not complete the 18 month program ,I went to court to ask the Judge if I could complete program in Hawaii and he said no on unformal probation also I had finacial difficulties I explained,and present am here with a warrant do to not reporting back to court with 30 meetings in thirty days and not registering to a class and ticket i got for driving on suspended Lic, unfortunatly at the time I was leaving here to Hawaii Iam a student at UH Hilo and a resident wher I live and do not live in California….How do I handle this.

    October 9, 2014 - 6:21 pm #
  12. Sarah

    My husband was arrested in December 2013 for a “DUI”. The two cops that arrived had turned their cameras off, claimed the car smelled of weed and persisted to pick up grass from the newly cut lawn and bag it for evidence (I couldn’t help but laugh at the severe stupidity of the cops), then insisted that he was drunk when he had not been drinking. He was taking a guest home because the guest we had over HAD been drinking. So he was basically arrested and harassed for being a designated driver in Dublin Texas. The blood test done by police (according to my husbands court appointed lawyer) has vanished without a trace, and to this day Oct/17/2014, there is still no court date, the company that he went through to get bailed out has recently disconnected their number with no other way to contact them, his license had been cut up into pieces and we are told it is suspended, and there seems to be no end in sight of this stupidity… We need help. I am physically disabled and cant drive and we have two small kids that need their dad to be able to drive again…

    October 17, 2014 - 11:51 am #
    • Deb

      This is a perfect example of frustrating people with attorneys thinking they are so cleaver in divising state laws…they sux!

      May 2, 2017 - 9:01 pm #
  13. warren

    pending arraignment SF peninsula bac .10 w/ prior dec. 2005.
    Question does a wet reckless conviction waive prior over seven years
    dmv status?

    December 6, 2014 - 9:19 pm #
  14. Angie Lawrence

    My husband is sitting in Clay County Detention in Missouri for a DWI he got last year in June but he has two other ones that are 30 years old. Cand he get probation or timed served because he has been in there almost 90 days.

    January 20, 2015 - 3:18 pm #
    • Jonathan

      Hi, Angie –

      I’m only licensed to practice law in California. Therefore, I cannot say what may or may not happen to your husband in Missouri. I would suggest, however, contacting an attorney about your husband’s situation.

      January 24, 2015 - 12:00 pm #
      • Deb

        Why does it always call for an attorney? Why can we not defend ourselves of the ludicrousy of the local laws???

        May 2, 2017 - 9:02 pm #
  15. T C Garcia

    Please I need help. My Daughter was hit by a drunk driver on 11/27/14 and suffered injuries and my car was completely totaled. I have been looking for his case # and calling around to different places. Finally contacted Valencia Court and I just found out that they rejected his case. The lady stated there wasn’t enough evidence. So my question is did my daughter have to be severely injured to prosecute him? The police reports show how he was throwing out the beer cans out of the car. Please help me he can’t get away with this.

    February 13, 2015 - 4:54 pm #
  16. T C Garcia

    Please I need help. My Daughter was hit by a drunk driver on 11/27/14 and suffered injuries and my car was completely totaled. I have been looking for his case # and calling around to different places. Finally contacted Valencia Court and I just found out that they rejected his case. The lady stated there wasn’t enough evidence. So my question is did my daughter have to be severely injured to prosecute him? The police reports show how he was throwing out the beer cans out of the car. Can his case be reinstated Please help me he can’t get away with this.

    February 13, 2015 - 4:54 pm #
  17. Lorna

    If I got DUI when I was 17 and didn’t get arrested or didn’t show in court , my question is since I’m 21 know would I still have the DUI charge ? I’m trying to figure out so if I do I can pay the ticket to get done with????
    Thanks

    April 30, 2015 - 4:43 pm #
    • jackie

      Did you ever figure out how to handle this situatin, my son is in the same predicament. He got a DUI when he was 18 and never completed his classes, this was 6 years ago. He is now moving to Texas and needs to get his license there. Not sure if this DUI in CA is going to haunt him or how he even takes care of it from Texas.

      December 29, 2015 - 4:14 pm #
  18. Brandon long

    I got arrested for dwi in July of last year in the state of Texas how long do they have to take it to court its a misdemeanor

    May 19, 2015 - 1:52 pm #
  19. Jacqueline Norton

    My son just paid over $ 3000 dollars in reinstatement fees and adsap in SC.His license had been suspended for ten years, in SC. Just after he got his license back . New Jersey , Illinois, and Virginia, sent him a letter wanting money. He served time and paid his fines. Mind you, he got in trouble over twenty years ago. Can they do this after all these years? New Jersey says he owes surcharges. They say if he doesn’t pay them his SC license will be suspended in two months. Is this legal?

    June 13, 2015 - 9:52 pm #
  20. Kris

    My lawyer keeps putting off my court date because an old case/file hasn’t shown up on my record. How much longer will/can the DA wait if the second DUi hasn’t shown up on my record? It will be 1 year in August that the DUI took place

    July 7, 2015 - 9:23 am #
  21. Max

    Hey guys, I got pulled over for a minor traffic violation about 2-3 months ago, I passed all the field sobriety tests except the breathalyzer (apparently, and he never told me what I blew) I am under 21 but did not have much to drink (also had 2 large dinners that night) so I know I didnt blow very high. I got arrested, taken to the hospital for blood, then to the barracks for finger prints and a mug. I was released that night & had someone come pick me up but before I left they never gave me any sort of paperwork just all my info and wallet back. The officer also said I could go back to my car and pick it up and get home or to a friends house. When should I expect to hear from someone? Should I call (and who should I call?) I appreciate any reply.

    PS This was in Pennsylvania if it matters.

    September 10, 2015 - 11:35 am #
  22. Kathryn

    I just got a postcard from Florida for a 20 yr old DUI….I live in Oregon and i also showed up in court but had to move for obvious financial reasons….i never got another DUI but somehow they have used my old name and sent me this postcard to contact them for money I’m sure…..why r they terrorizing ppl that have pulled themselves up….they obviously want money and the thought of giving them another dime makes me sick…what would ur suggestion be on something like this?

    September 14, 2015 - 4:09 pm #
    • Chris

      Katherine,

      I want to preface my comments by saying that I am NOT a Florida attorney, but rather, I practice in California. Therefore, I am unfamiliar with the specific laws and rules of court in Florida. So, my first piece of advice is to contact a Florida DUI attorney that is familiar with the jurisdiction/county of your case. That being said, here is my take…

      Unfortunately, I do really understand what is going on based on your question. If you are being contacted by Florida due to a prior DUI where you were convicted and then were required to pay fines (but did not pay them all), then it is possible that Florida can issue a warrant based on a violation of probation for failing to pay the fines. It doesn’t matter how long ago it occurred, the warrant and potential probation violation will always be out there unless you resolve the matter. I would say that if the violation is simply based off failure to pay money, then the Courts are generally pretty lenient as long as you can pay them…like you implied, they want their money.

      However, if the DUI in Florida was never resolved, then they could have issued a warrant for a whole other reason…namely, a valid case that is still pending. This means that there is very likely a warrant for your arrest out of Florida since the case was never resolved. Just like a probation violation, a warrant for failing to go to court on a DUI case will stay in the system FOREVER until it is resolved. Therefore, whether this is a probation violation based on a failure to pay fines, or if you still have an “open” and unresolved DUI case out of Florida, it would be in your interest to try and take care of it. Again, I would contact a local Florida attorney to try and give you more advice, and maybe, he/she can try to resolve the matter for you. Good luck!

      September 16, 2015 - 9:32 am #
      • Gina

        Hello Chris,
        my brother was just arrested at his home for a DUI that was warranted from 2014. They are saying there is no bail. He’s scared that he’s going to lose his job. He’s doing everything that they want him to.
        My brother is currently in classes and on a payment every month. He aslo was issued a temporary with a breathalyzer in his car. He unfortunately can’t get a hold of his attorney.
        Is there anything they can do?

        January 10, 2016 - 4:15 pm #
  23. Kathryn

    Thank u so much sir…..it is a resolved case, but I lost my job because of it and I had to leave or would have been homeless….I greatly appreciate ur advice on this matter…..i will contact an attorney there…..

    September 16, 2015 - 11:45 am #
  24. Shawn

    I got a DUI in 2001 and went to court was filed and judge sentenced me to jail time as well as me paying my fine in jail time also judge also ordering a first time classes the judge is a statue of limitation in affect said that DMV can handle the DUI and so she sent the file to DMV

    September 21, 2015 - 7:12 am #
  25. Wesley Johnson

    I have a second DUI the second DUI that I had was almost 8 years ago and I have not had a license since I have paid all of my phones my ticket charges everything I want my license back without having breather in my car . Here in West Virginia if you’ve had a second DUI they put you on home confinement while I was on home confinement I was not allowed to go and get my license renewed so therefore I have no license and I want my license back asap can you help ? Thanks my phone number is 304-922-7609 .

    September 26, 2015 - 10:33 am #
  26. Mitch Adams

    I got a DUI in 1984 in Illinois sleeping in my car got bailed out $400 went to court twice the officer never showed up.I retained a lawyer $2000 . I was working for a company at the time driving a semi the company in that city shut down they transferred me out of state. I asked the judge if I could leave because I was getting transferred I was given permission. I never lost my license and I have ended up in Mn .I went to renew my license they said that I had to contact Illinois. I did and had to fill out and mail in a 15 page petition to release the hold on my license.It has been 5 weeks I have not heard anything and I can’t get to work. Why is this aloud to happen?

    October 1, 2015 - 7:10 am #
  27. JJ

    Is there a statute of limitations on the dmv’s determinations?? I was found guilty of a dui in 2007, after which the court revoked the requirement of alcohol education classes in lieu jail time which I served. Recently I just learned the dmv revoked my license (which they’d re-issued) after “discovering” I hadnt finished the classes after the court released the obligation. What do I do? Isnt this ‘double jeopardy’??

    October 28, 2015 - 8:32 am #
  28. Harold Peppers Jr

    I was arrested 10yrs ago for DUI in Clatsop County, Oregon. Was booked and released thT night. Now I have turned myself in. They say there is no statue of limitations. Is there?

    November 7, 2015 - 1:37 pm #
  29. jackie

    6 years ago my son got a DUI in CA as a minor. He still needs to take his DUI Classes. Since he is moving in 2 weeks, he is not sure how to handle this from Texas. What should he do? Can he take classes in Texas? He has never had a license and is anxious to get one. He is 24 years old now, what are the steps he should take to handle this?

    December 29, 2015 - 4:20 pm #
  30. Keith

    I got a dwi in MO, my attorney said my best option was SES even as I passed all sobriety tests and blew 3 non registers in the field. I later found out during my SATOP class they can arrest you on suspision at the time and have you blow later at the station, in which 1:30 later I blew a 0.13. I was never even offered an SIS option supposedly due to the fact he said I blew over a 0.10 but later found that everyone else I had community service with got an SIS with even higher BACs. Is it possible to reopen this case even after agreeing to the terms and how would that be done?

    January 11, 2016 - 11:07 am #
  31. Christina

    My brother got a dui about a year ago. He was arrest. The car i rented for him was impounded .My dad bailed him out . He got a court date . We retain a lawyer , paid 1500 to retain. They never once had to see a judge since his case was never on calendar. He traveled Hesperia ca to Placer Superior court to appear . Thats about a 5 or 6 hr drive . One way . Expensive to drive to and go for nothing . Then had to pay the lawyer more money to continue to repensent him. So now he finally get a court date for 2/01/2016 first one … what kind of process is this …

    January 15, 2016 - 11:53 pm #
  32. David. White

    I got 4 DUI in 1981-1984.I didn’t do 18 month class due to being incarcerated.I tried to get a license Feb. 2016 35 years later. DMV won’t issue me a license until I finish 18 month class.Is there anyway getting around this. Calif let’s illegals get license that they know nothing about their back ground.

    February 11, 2016 - 12:44 pm #
    • Alfred Vallarino

      man i feel u im in the same oridicument 26 years ago didnt go to 2 dui classes maybee a few minths worth but the nothing till now how can i get this resolved without going to the darn 18 month class.Reno

      April 5, 2019 - 1:17 am #
  33. Kelly

    My brother got a DUI IN ARKANSAS IN EARLY 90’s. His license has been suspended ever since. He didn’t complete classes nor did he pay fine set in court. He is trying to get license reinstated now but not sure where to start.has gotten several minor traffic tickets since in same county and no warrant for unpaid fines has come up. Should he call driver control or sheriffs office?

    February 16, 2016 - 11:40 pm #
  34. Lorie

    I got a dwi in Ashland KY 61\2years ago and got one last month visiting Minnesota. In KY it leaves off your record in 5years but in Minnesota it’s ten. Can they charge me with a 3degree dwi.

    February 21, 2016 - 2:48 pm #
  35. Barbara A. Perna

    I was arrested in Sulphur Springs, Tx in September, 1996. I took a blood test and breathalyzer which showed nothing in my system. They wanted me to plead guilty but I refused because they had nothing to charge me with. The cop was married to my ex-husband and was determined to arrest me. All I did was swerve a little it was late at night and had a car full of teenage girls. This shows up on my criminal history as a DWI and has kept me from getting some jobs. What can I do to get this removed. They searched my car and purse and found no drugs or alcohol and with the test they took there was 0 of any presence of anything. This has been very unfair for me to carry this stigma when they had no evidence.Barbara

    February 23, 2016 - 9:47 am #
  36. Charlie parks

    I got a dui in kentucky in 2006 which I lost my license for then one in 2011 & 20q3. I didn’t do any classes so I heard after 5yrs I cld get my license back is this true??

    April 9, 2016 - 2:14 pm #
  37. gage

    I have been on the for bout 3years now I have one dwai and 2 dui’s I was put on probation ecgs my frist dwia10 years old one duo bout 6-7 year and the one that I ran from bout 4 years old I live in Colorado any lawyer have some advice what’s am I looking at

    April 13, 2016 - 3:54 am #
  38. Sadie Jackson

    I was in a car wreck last October of 2015 had a blood test never revived any tickets or citation after six months can they still give me anything?

    April 18, 2016 - 3:52 pm #
  39. Donna

    My son was in an auto accident dui caused by him and taken to hospital person in other car was ok refused treatment my son was released from hospotalim reno nv and police have yet to yalk with him…. trying to get information and his wallet he is pending second surgery and police are aware why are they not speaking etc to him.

    April 30, 2016 - 3:24 pm #
  40. Austin

    I was detained for a DUI but I passed the chemical test so they gave me my license back as well as a notice to appear and then they took me home. What are the odds of that being filed?

    May 17, 2016 - 12:14 pm #
  41. Mia

    I got a DUI in Mesa, Az in 2002 and through a lengthy process paid the required court fines (about $1200-$1500) and served jail time for ~12 days on good time. Present day. I no longer drink (and even quit smoking) and just received a Bachelor of Science degree from a state university this month. I turned my life around. As someone who does not have a vehicle it is extremely difficult to get a job without a license to drive. I have been told year after year that I would need an ignition interlock on a car (I do not own one) and that I will continue to have to renew my state ID every 6 months indefinitely because of the old DUI. I am wondering if I should go to the courthouse in Mesa and do a walk-in before the judge and explain my situation? Is there any possible way to regain my license without having to go through the ignition interlock program?

    May 23, 2016 - 9:44 am #
  42. Carlis

    So I got a dui a year and a half ago no charges were applied they had insufficient evidence and now a year and a half later there trying to file are they able to do so cause I believed it was closed after a year of non reports of me doing so

    May 28, 2016 - 2:32 pm #
  43. ray robbins

    i received a DUI in Illinois in 1962. they have put a block on my drivers licence. i have had a California drivers for 50 years with no problem. i went to apply for an Arizona driver licence and was told the the state of Illinois had put a block on me. how can that be legal? I paid a fine and served jail time. thank you.

    July 1, 2016 - 9:14 am #
  44. Casey T

    Is there a “Statute of Limitations” for the 1 year Interlock Requirement in Arizona. My girlfriend made the mistake of agreeing to a DUI when she was 17, then later moved from Arizona to Washington. Now over 8 years later Arizona is withholding her ability to get a Washington License, unless she gets an Interlock device installed on a car she doesn’t own (because shes never been licensed to get a vehicle). There must be an exception to the rule, I don’t see how Arizona has the right to continue to hold her progress at ransom after so much time has passed (especially without any other offenses, traffic or otherwise)?

    July 23, 2016 - 1:35 pm #
  45. george

    im from uk , got dui in Florida 18 years ago- its 2016 now. got stopped went to jail and court- organised program for dui,- decided to come back to the uk. what would be the situation now if I went back to the USA and wanted to stay .. – would there still be a warrant out for me if my name was run through the system. if I was in California would I be transported back to Florida.- does any body know or could advice me on situation and what I should do – or let me know if there would be a problem . thank you . george ?

    July 24, 2016 - 10:05 am #
  46. george

    sorry–and no I did not complete the dui class program -I just left without doing it and came back to UK. thanks if any body could advise me on this -not trying to get away with it–just want some advice on how to go about sorting this out …thank you..

    July 24, 2016 - 10:11 am #
  47. george hiser

    ??

    July 25, 2016 - 3:46 am #
  48. marla

    Hello, I have a tricky one. I lived in CA and got 2 DUIs, which I was taking classes for. I moved to AZ and still took classes for those DUIs. Stupidly on vacation in CA I drove and got a DUI. I went to jail in CA and my AZ DL was taken away. I received it back from the CA DMV stating it was an AZ DL and they were not keeping it. Since I got it back, I drove in AZ. Even got pulled over once and a ticket for no license plate which fell off (and I paid the ticket). Neither time was I told my license was suspended. Am I able to drive? I called the AZ DMV to check, they said I came up on the National Driver Registry (NDR)and should not drive. How should I handle this? I figure not drive but will my ticket in AZ somehow affect me since I got it after the 3rd DUI?

    August 8, 2016 - 11:30 am #
  49. Alaina

    Quick question. I was convicted of a misdemeanor (first time) DUI 13 years ago in Maryland Heights, MO. I completed all the requirements and case was closed shortly thereafter. I have lived in AZ for the past 10 years and work in the medical field as a physician assistant (I had no trouble getting my medical license, DEA license, etc). The practice I work for is looking to place a clinic in the Phoenix airport, which requires a fingerprinting-involved background check. I have had no other offenses in the past 13 years, aside from a speeding ticket (NOT criminal speeding). Anything to worry about? Or need to disclose prior to? Was also curious if it would ever be worth the money to have this expunged as its never really hindered me over the years. Thanks!

    September 15, 2016 - 12:11 pm #
  50. Lisa

    My husband got a dui almost 20 years ago in Missouri. It was taken care of at the time (he did 10 months in jail) however he ended up moving back to California and never renewed his Missouri license after all that. Now twenty years later, he goes to renew his Calif license (he’s renewed it several times before) and they make him put an ignition interlock on his vehicle for 6 months!! This technology wasn’t even available twenty years ago. Is this even legal??

    September 28, 2016 - 11:14 pm #
  51. jon

    How long when dui charges filed do they have to get a person in front of a judge before it can get thrown out for not properly identifying a person wit no ID but is being accused on hearsay?

    October 6, 2016 - 5:04 pm #
  52. Donnie Brown

    I am writing this to see how I can petition the court for a hearing. In 1988 I was stopped by the police, I received a DUI. I was not taken to jail. When I received my court hearing date, I went in front of the judge, the verdict was to pay restitusion,Lost my license for 6 months. I never went back to get my license and never paid the money I was supposed too. I will be paying my rest. I now want to get a hearing since it has been this long. I am a caretaker for two disablility Ladies. One was working until she had a massive heart attack and she is unable to work now. I am able to work the only thing that is holding me back is my need for license. All of the company’s want a licensed driver to hire. I am a fabulous painter and I also do construction. I need to bring money in to help w/what is needed.

    November 14, 2016 - 10:23 pm #
  53. New Mountain Mercantile Nancy Bell or Judy Macphail

    Had a dui in 1996 and 1986 just got one 2016 have a lean record do not live in Fl have VA. License and live in Va was stopped in Florida have hired a Fl attorney want are my chances if jail time?

    November 22, 2016 - 10:26 am #
  54. mim

    I got a DWI in NY in 1984 (within a year or two). Got a lawyer, paid all fines and followed all the rules to a T, and have had a valid DL ever since. Besides a very minor fender-bender a year or so later, I have not had any traffic infractions other than being a few days late renewing my registration or plates – I forget it was so long ago, but it was immediately taken care of.

    12 years ago, I surrendered my valid NY DL because I became an AZ resident and got my AZ DL. Recently I went to update my AZ photo, but couldn’t because the MVA got a “hit” from NY (with my old NY license) on the Problem Driver Pointer System. WHAT??? I haven’t so much as jaywalked in 20 years. Have never interacted with AZ police.

    I’m trying to decipher the NDR statute… Having a clean record for over 30 years how can I be on the PDPS? My local MVA said they had no access to why NY flagged me – aren’t they required by law to provide a reason? I was told to contact NY and haven’t been able to reach a human being yet. I was assured that my AZ license is fine – it doesn’t expire until 2025 or so, I just need a new photo. So my DL is valid… I had no trouble with renewing my NY DL when I lived there… I fear that I’m listed by mistake and it will jeopardize my current DL.

    January 2, 2017 - 10:45 am #
  55. Mal

    Can somebody help please. I live in the UK and in 1999 I was arrested for DUI in Orange County whilst on holiday. My flight home was before my court date. I did get legal advice and was actually advised to leave the country and I therefore left and have not been back to USA since. I’m desperate to return to the US but am afraid I’ll be arrested at the airport in front of my kids!!!! I’ve looked on OCCourts and found my case and it says Case Closed but would I be flagged up if I came into LAX? Or what about another US state?
    Any help would be greatly appreciated.

    January 13, 2017 - 10:11 am #
  56. Scott

    Pursuant to a string of bad luck in 1984 I was pulled over in Mississippi. No cars on I10, no lights behind me at all, a few seconds later blue lights 10 feet behind me. They had to be running with no lights on at all. So they decided I had been drinking (I did have 2 beers) and carried my brother and I to a police station. Did the breath test, don’t remember the reading. Said they were arresting me for DUI. Told me there was a bail bondsman down the street and called him for me to talk to. I posted bail and they let me get in my car and drive two and a half hours home. Went to court, was convicted and given a fine. Paid part of it and believe I owed like $400 more. That was 32 years ago and I’ve left forwarding addresses everywhere I’ve moved from. In Dec. of 2016 I received a letter from MCC saying they had imposed other penalties sighting law paragraphs and now my fine is over $600. This should not be legal to sit on a case like this especially this long. They are threatening my loss of license in Alabama and a contempt of court conviction if I don’t respond withe a warrant being issued for my arrest. Do states cooperate with each other like this and do they have the right to do all of this.
    I believe it is illegal for them not to have any lights on at night and I know it is illegal for them to run down the interstate with no lights on. If I was charged with DUI why did as soon as the bondsman got my money they let me drive home. That in itself defeats the purpose of DUI laws. Should I contest or am I S.O.L.?

    January 16, 2017 - 10:04 pm #
  57. Kevin

    I got a DUI in Tennessee March 2014. I had a court date and was giving probation. I skipped town and been without a driver’s license since. Could I just pay off the court fines now and the reinstatement fee or would I still be looking at jail time as well.

    January 24, 2017 - 11:56 am #
  58. Helen

    This is a testimony that i will tell to every one to hear. i have been married 4 years and on the fifth year of my marriage, another woman had a spell to take my lover away from me and my husband left me and the kids and we have suffered for 2 years until i met a post where this man DR GREAT (powerfulexback@gmail.com) have helped someone and i decided to give him a try to help me bring my lover back home and believe me i just send my picture to him and that of my husband and after 48 hours as he have told me, i saw a car drove into the house and behold it was my husband and he have come to me and the kids asking for forgiveness and that is why i am happy to make every one of you in similar to met with this man and have your lover back to your self without any delay, His email: (powerfulexback@gmail.com)

    March 18, 2017 - 4:09 am #
  59. Kimberly Reames

    I WAS ARRESTED IN 2009 FOR MY ONE AND ONLY DUI I WENT TO COURT AND FOUND GUITY MADE TO PAY FINES AND GO TO DUI SCHOOL PAID ALL MY FINES BUT A COUPLE 100 AND HAVE NOT WENT TO THE SCHOOL, IVE BEEN TOLD THAT THE STATUTES OF LIMITATIONS HAVE RAN OUT ON IT AND THE DA REALLY HAVE NO RIGHT TO BRING ME BACK UP ON NOTHING IS THIS TRUE. I LIVE IN OKLA. I KNOW IT IS THREE YEARS.I REALLY COULD USE SOME HELP ON THIS CAUSE I KNOW A FEW PEOPLE THAT IT HAS HAPPEN TO BESIDES MYSELF.THANK YOU kIM

    April 10, 2017 - 10:37 pm #
  60. Sabrina

    My brother William lynch is in P.A. and got arrested for a ten year old warrent he never knew he had I. New mexico one and only my brother health ain’t good and they won’t transfer him back to New mexico what do we do to help him

    June 2, 2017 - 5:51 pm #
  61. sylvia

    so i got a dui in 1993 in oklahoma i think there is a warrent out for me what so i do

    June 21, 2017 - 1:29 pm #
    • norman.doolin

      Sylvia i would check it out more, get someone to run your details.

      Norman.

      June 22, 2017 - 8:58 am #
  62. Tadashi Johnson

    I’m in CO got HTO after my third DUI in 2006 had 2 classes left in education and still need lvl 3 therapy. It has been going on since. Am I elegible to get a red license with the interlock program. they told me that I lapsed my time to complete. so is it true that I have to finnish therapy and ED to qualify for any kind of driving privelege

    June 26, 2017 - 7:01 pm #
  63. Mirella

    Ok i have a question my brother got arrested 2 months ago on his 3rd dui with no bond they rescheduled his court date till july 13 how long till the indiate him

    June 28, 2017 - 5:32 pm #
  64. Luis

    Hi i have been arrested in queens,New York. for dwi or dui not sure in 2007,i refuse to provide a alcoholqueensNow is 2017 and i would like to know,if the time allready past ten years woulb be helpful to win my trial.

    July 19, 2017 - 9:02 am #
  65. Aurora Hails

    I got a fui in ca.in 2004.can I have my driver’s license reinstated.

    August 6, 2017 - 8:36 am #
  66. Ramon salcido

    Hi did 2.5 for a DUI 8 years ago but know just got another one can they use that one as a prior for my new one its been almost 9 years since my last one

    October 2, 2017 - 11:35 am #
  67. Gary Moser

    I am Gary I had number DUI 13 your ago and that still went me two do the school how long can that hold that on me

    January 10, 2018 - 1:38 pm #
  68. Rob

    Had 2 duis back in 2009 in California. Didn’t pay fines or completed programs…am I facing jail time? Do I really need a lawyer already was convicted of it just didn’t completed anything.

    June 16, 2018 - 3:22 pm #
  69. Jessica

    I received my third DWI in the state of Texas, which is a felony dwi. My last one was 7 years ago and I also the last time that I’ve been in trouble with the law. What is going to happen? Does it matter that I haven’t been trouble for 7 years? Will they take that into consideration?

    June 18, 2018 - 9:55 am #
  70. KC massie

    I need some help I had a DUI in California some years back after I got it I moved out of state and unfortunately I got another new one in that current state when I went to court they charged me with both the one from California and the new one. I plead guilty and did my time was took off probation and moved back to California got pulled over and had a warrant for original dui now facing the charge of the DUI that I got along time ago and got charged with were I did my time in jail and rehab also. My question is can they charge me after I got charged for this in the other state and did my time and is now closed completely?

    August 3, 2018 - 3:05 am #
  71. Ken Knolton

    I’m from AZ.i received a owi in 1989 went court paid all my fines then I got pulled over in 2016 da.through the book at for 2nd offense I thought the first would have been off my record not,glad I now I live in Costa Rica

    May 26, 2019 - 9:42 am #
  72. Stephen Joseph Normandia

    I live in Long island NY I applied for a driving position witch I’ve done many times before except this employer wanted my DMV driver abstract. How is it that I got a DUI in 2008 and it’s still on there 12 years!!!!! Why? Also is there anyway to fix it

    January 8, 2020 - 11:58 am #
  73. Anthony Hampton

    I got a dui back in 2013, I never got an interlock in a vehicle because i didn’t have a vehicle. Now it’s 2020 dui is off my record, but the DMV is telling me I still have to get an interlock to get a license. I have a medical condition now where I can’t even drink and have not had a drink since my DUI. Is there anything that will let me bypass this

    January 9, 2020 - 4:02 pm #
  74. Sabrina Addams

    It’s good to know that for a non-felony DUI, the DA has a year to file charges from the date that you were arrested. My younger sister was arrested for DUI while out with friends last night and is trying to figure out what to do from here. I’ll let her know this information and suggest she hire a DUI attorney service to help her.

    January 22, 2020 - 6:24 am #
  75. rachel frampton

    My sister was arrested because she was caught driving whilst under the influence of alcohol; that’s why we’re currently looking for a criminal defense lawyer that can help her with this case. I never knew that the statute of limitations for DUI cases is one year. Also, it never occurred to me that as long as the case is filed within a year of the arrest, the statute of limitations is still met.

    April 7, 2020 - 5:39 pm #
  76. Austin Abbott

    I got 2 dui’s in 2 seperate counties. first DUI happend in January and court was set for June. second DUI happend in March and court was set for July. (seperate counties, again) I was put on unsupervised probation for 1st DUI and have yet to go to court in other county for 2nd DUI (still have a month till court date) I got charged for 2nd DUI months before being put on unsupervised probation for 1st, would it be considered a violation of probation if the 2nd DUI court date was happend to be set a month after put on unsupervised probation for 1st, even if the charges occurred months before actually being sentenced to probation? just haven’t been able to get any clarification on this exact situate anywhere..

    June 14, 2020 - 7:37 pm #
  77. jean coombs

    I GOT A DUI IN 1999 BEFORE THE ADSAP BILL WENT ENFECT IN SC. I HAVE HAD 2 DRIVING UNDER SUSPENTION SENCE THEN, AND TODAY I WENT TO GET MY LISCEN BACK AND WAS TOLD I HAD TO DO ADSP EVEN THOUGH IT WAS NOT COURT ORDERED IN 1999, BECAUSE THE LAW HAD NOT PASSED! SO THEY ARE GOING ON 2 TICKETS THAT I HAVE ON MY RECORDED THAT HAVE NOT BEEN PAID, AS A REASON FOR ME TO HAVE TO HAVE ADSAP TO GET ME LISCENS BACK!!!

    November 2, 2020 - 3:14 pm #
  78. Brandi

    I got my first dui california in 2007 finished my court proceeding, but did not complete the first offender 3 month class. How long can ca dmv keep my license suspended?

    November 27, 2020 - 6:03 pm #
  79. Amy Sargent

    DUI from Rxs

    December 11, 2020 - 5:57 pm #
  80. Deborah A Imlay

    I had a DUI in 2007 that has been cleared and I have had several licenses since then. Today the DMV told me I couldn’t get my license because it was never cleared. I told them about the DUI on the form but, didn’t know the date so I just put 1/1/2007. I think they are screwing me. What can I do?

    March 3, 2021 - 1:33 pm #