DUI Statutes of Limitations

Each state has specific dui statutes and state dui laws, which dictate the statute of limitations for prosecuting dui offenses.  These dui statutes and state dui laws specifically note a given statute of limitation time to prevent outdated charges from reoccurring.  Typically, dui and dwi statute of limitations range from twelve months to eighteen months in most states for a single misdemeanor offense. 

Cases involving damage to persons or property, however, often carry significantly longer periods of statute of limitations, which will vary from state to state.  Dui and dwi statute of limitations for felony offenses related to drinking and driving often last more than three years in most states, but also, vary from state to state.  An attorney can assist individuals arrested for dui in determining if dismissal under statutes of limitations is applicable in their given case.

DUI Statutes by State

Each state possesses their own sobriety statutes regarding dui cases.  Per state law and the sobriety statutes noted in the state criminal code, individuals can determine if their dui arrest has expired under the statute of limitations, as well as other legal factors relevant to the state in which their dui arrest occurred. Though this legal information is helpful for preparing dui defense cases, investigating the legality of dui arrests, or determining the potential penalties for first or consecutive dui arrests, an attorney is your best source of counsel when it comes to dui laws in your state.

Help from a DUI Attorney

The first important factor when electing to use a dui attorney is to find one from the jurisdiction of your arrest.  Understanding the procedures of the local courthouses, as well as potentially the prosecutors involved in your case, is extremely beneficial and an asset only a DUI attorney can possess.  Additionally, a dui attorney understands the specific caveats to their own state’s dui laws, including legal precedents and other relevant case law that may prove beneficial to your specific case.  Without the assistance of an attorney, most defendants will face a best-case scenario of pleading guilty to avoid incarceration for their first offense.  However, with the assistance of an attorney, these charges may be dismissed outright or drastically reduced to other violations or driving offenses instead of dui.