Is there a statue of limitations for DUI charges?

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Is there a statue of limitations for DUI charges?

I was in an auto accident while under the influence 5 weeks ago. I have not yet received any paperwork, nor am I sure of the local police department involved. Is there a time limit in which the officer has to file charges – 90 days…6 months…a year? My guess would be that the charges would include DUI second offense, DUI related car accident, and driving without having ignition interlock installed. These should all be misdemeanors.

Asked on May 31, 2012 under Criminal Law, Pennsylvania

Answers:

Andrew Goldberg

Answered 9 years ago | Contributor

The DUI and related charges each have seperate statute of limitations of probably 2 years. In your case, the police are simply waiting for the lab report from the blood testing. It can take as much as 8 to 12 weeks before the lab report comes back. Once the Criminal Complaint is filed by the police, your  "Speedy trial rights" apply. From  the date the Criminal Complaint is filed, the Commonwealth has 365 days to bring your case to trial or , upon Motion, the case would be dismissed.Good luck.


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