California DUI Statute of Limitations

Were you arrested for driving under the influence (DUI) in Orange County, but for some reason the DA is dragging their heels when it comes to filing your DUI charges? Could this delay mean that you’re off the hook? Not so fast…

It has happened before: A driver is cited for DUI, they are not charged at their hearing and they are told that they will receive notice when the charges are filed. Should they pick up the phone and shake up the DA’s office?

When the DA Delays Filing DUI Charges

It may sound strange, but sometimes the DA takes their sweet time filing DUI charges. Unfortunately, the DUI arrest that happened months back leaves a black cloud around the person’s head until the DA finally decides what to do.

If you’re in this situation, the best thing for you to do is to contact our office to speak with an experienced DUI attorney who may be able to ensure that they do not file charges.

It’s not unusual to encounter delays from the DA’s office in Orange County, especially as it pertains to DUI cases. Occasionally, it takes 10 months or longer for the DA to file DUI charges, and sometimes the courthouse in Fullerton takes a bit longer.

Still, you need to hire a defense attorney to check on the filing of the case on your behalf and to represent you. While there are rare instances where a filing may get lost, don’t bank on it.

Is there a statute of limitations?

California does have a statute of limitations for DUI cases; the statute of limitations has to do with how long the DA has to file criminal charges against you. For a misdemeanor DUI, it’s one year. As long as the charge is filed within one year of the DUI offense, the statute of limitations is met.

The statute of limitations does not apply to DUI warrants. A DUI warrant stays active indefinitely. However, in some cases an individual may have a motion to dismiss a case if no effort has been made to execute the warrant.

If you have been arrested for DUI but haven’t heard from the DA, you don’t want to chance it. You want to hire a good DUI lawyer right away.

Contact the Law Offices of Virginia L. Landry, Inc.

Searching for an Orange County DUI attorney? Contact our office to work with a lawyer who is Board Certified in DUI defense and one of the area’s leading DUI attorneys!

Call today to arrange your free case evaluation.

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