In California, there are two different statutes of limitations depending on whether the DUI charge is a misdemeanor or a felony. The statute of limitations for a misdemeanor is one year from the discovery of the DUI and three years from the discovery of a felony DUI.
The statute of limitations is a deadline for someone to start legal action against you. This includes state governments. They can’t hold the charge over your head indefinitely if they think you may be guilty but haven’t proven it. They must act before the deadline, or they lose their chance.
While it is rare for a DUI charge to be dropped due to the statute of limitations, it is possible. If a Los Angeles DUI Lawyer can prove it, your charges will be completely dropped. Here’s more about this important legal concept.
What Is a Statute of Limitations?
A statute of limitations in criminal cases sets the maximum time for prosecutors to file criminal charges after an alleged offense occurs. In California, these time limits vary depending on the severity of the crime, with some serious offenses like murder and aggravated sexual assault having no time limit at all.
For most felony crimes in California, prosecutors must file charges within three years of the offense, as required by California Penal Code 801.7. However, certain offenses, like fraud or embezzlement, may have longer periods that begin when the crime is discovered rather than when it occurs.
Under California Penal Code 802 (a), the statute of limitations for most misdemeanors is one year, though some specific misdemeanors may have longer periods defined by law. The DUI statute of limitations follows the normal standards for both these classes of crime.
Why Do DUIs Have a Statute of Limitations
The main purpose of the statute of limitations is to protect those charged with criminal or civil crimes through their Sixth Amendment right to a speedy trial. This right pushes prosecutors to work diligently to charge the proper individual for their crimes within a reasonable amount of time.
There are a few other reasons why a statute of limitations is put into place, which include:
- Witness accuracy: The longer a case is drawn out, the more likely someone is to forget things about the case. Additionally, witnesses could move or pass away, which could be detrimental to the case.
- Evidence: Sometimes, evidence could be destroyed or disappear if the case has been waiting.
- Weaker Defense: As time passes, a person’s ability to defend themselves becomes increasingly weaker.
These time limits serve several important purposes in the criminal justice system. They ensure that cases are prosecuted while evidence remains fresh and witnesses’ memories are reliable. They also protect defendants from having to defend against charges based on old or deteriorated evidence.
Could My DUI Be Dropped Due to the Statute of Limitations?
It is extremely rare for DUI cases to be dismissed because of statute of limitations violations in California. This is because DUI arrests typically lead to immediate processing by law enforcement and prompt filing of charges by prosecutors.
Most district attorneys’ offices have streamlined procedures for DUI cases. They usually file charges within days or weeks of the arrest, well within the one-year statute of limitations for misdemeanors.
However, while unlikely, there are specific situations where statute of limitations issues might arise. For instance, if you were involved in a DUI accident and left the scene but were only identified as a suspect months later through investigation, prosecutors would need to file charges within the remaining time frame.
Can The Statute of Limitations for DUI in California be Changed?
Yes, it can. Certain situations can affect the deadline. For example, if you flee the state after a DUI incident, the statute of limitations “clock” stops running until you return to California. Any pause in the clock is called “tolling” in legal terms.
A more complex scenario involves a DUI accident that changes from a misdemeanor to a felony. If something happens long after the fact, like a victim dying, that could move the charge to a felony charge, the clock would reset. Essentially, they are dropping the misdemeanor DUI and replacing it with a felony DUI.
Another situation involves multiple jurisdiction cases. Suppose you’re arrested for DUI near a city or county border, and there’s confusion or delay in determining which jurisdiction should prosecute the case. In that case, this administrative delay doesn’t typically extend the statute of limitations.
Speak With a California DUI Lawyer About the Statute of Limitations
You will always face DUI penalties when you are convicted of a DUI felony or misdemeanor. These penalties will depend on the crime committed and the legal team you choose for your defense. Yet, under the DUI statute of limitations in California, you could avoid these penalties if the state takes too long to process your case.
Contact us today if you are ready to seek representation against a DUI charge or believe your case may be past the statute of limitations.
