CA DUI Statute of Limitations

Let’s say that you totaled your car in an accident in Orange County. When police arrived at the scene they gave you an option of a breath or blood test and the results came back with a blood alcohol concentration (BAC) above the .08% legal limit in California.

After the arrest and subsequent release when the alcohol cleared your system, you were proactive and checked into rehab. But it’s been months since the arrest and you still haven’t heard back from the courts about the DUI charges. The state has left you hanging and you’re wondering what’s going to happen when the DUI does hit.

Will the prosecutor send a uniformed officer to your house to arrest you? Will you be booked and hauled off to jail? Will you lose your job? Or, could your case have gotten lost in the shuffle? Do you have to keep looking over your shoulder?

What is the Statute of Limitations?

First, keep doing what you’re doing; there’s not much more you can do. The fact that you’re in rehab and addressing the cause of the accident is the best thing you can do.

Keep in mind that in California, the DA has up to one year of the incident to file misdemeanor DUI charges, and 3 years to file felony charges – this is called the “statute of limitations” and it refers to the time limit the state has to file criminal charges against you. As long as the DA has your address, they can reach out to you and they know where to find you.

Second, you should contact an attorney from the Law Offices of Virginia L. Landry, Inc. If you hire a DUI defense lawyer now, they can look into your case and take steps to lessen the repercussions as much as possible. Also, don’t make any statements to your auto insurance carrier without counsel, if you haven’t already.

We want to end off with a word of encouragement: If you have entered rehab, this will be a tremendous advantage to you. Be sure to finish the rehab and contact our office to find out how we can use the rehab to your advantage.

Contact our Orange County DUI defense firm for a free consultation!

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