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Question Details: if you had an accident and the police did a breath test and blood test at the hospital, how long do they have to press charges?

Asked 9/8/2009 under DUI / DWI | 167 View(s) | More Legal Topics

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DUI / DWI Law Answers

Although I do not practice law in the State of Pennsylvania, here are my initial impressions.  The general rule is that, depending on the particular state, the police have several years (2-5) to charge a person for a DUI, after the alleged incident.  Therefore, if it has only been days, weeks, or months after the incident, the police may very well still charge you with DUI.  If you feel that you are outside of the amount of time, you may want to consult with a local attorney to be sure.  In any event, however, if you are arrested, you should absolutely consult with an attorney to determine whether the expiration of the statute of limitations can be used as a potentially successful defense.

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