What is the statute of limitations for a DUI?

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What is the statute of limitations for a DUI?

I got a DUI early in 2004 while on vacation. Shortly after I left and returned home without attending the court hearing. Will this qualify under the statute of limitations law? If not, what do I need to do to resolve this issue?

Asked on March 1, 2011 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The statute of limitations does not apply in this situation.  The SOL has to do with the time in which you must be charged with an offense, and you were already charged.  Accordingly, it doesn't matter how much time has passed.  Additionally, once you failed to appear (FTA) on your court date, the judge would have issued a bench warrant for your arrest.  While the police typically do not pursue a person for such a DUI, if you are stopped by the police for anything, even jay walking, you will be taken into custody.  You then may or may not be extradited back to to state where the offense occurred.  But even if you are not, this is still on your criminal record.  It will most likely come up in an employment background check, when you attempt to get a license, etc.

What you need to know is to hire an attorney where all of this occurred.  They can best represent your interests.  Remember, you not only have to deal with the FTA charge but the underlying DUI charge as well.


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