What is the DUI statute of limitations in California? What is the statute of limitations for DUI warrants?

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I received a DUI charge received 7 years after a previous DUI, but before the 10-year law took effect for prosecution on grounds of a 2nd DUI offense. How long can the Courts hold the case? What is the statute of limitations for prosecutorial action on such a case? I have an outstanding warrant issued for non-appearance in California. How long can it stay in effect?

Attorney Answers

4
Joseph Dane ·
The statute of limitations in California only has to do with how long the DA has to file criminal charges. For a misdemeanor, it's one year. As long as the charge was filed within a year of the offense, the statute of limitations has been met. The statute of limitations does not apply to DUI warrants. DUI warrants will stay active indefinitely.
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Amy Morell 350075.Html ·
Your questions are confusing. The DA has one year from the date of arrest to file charges, while a warrant can remain outstanding - however, you may have a motion to dismiss the case if there has been no effort to execute the warrant, etc. You would need to give more information to get a complete answer.
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George Mueller ·
I concur with my colleagues. The DUI statute of limitations is one year. There is no statute of limitations for DUI warrants – the warrant will be active indefinitely. Don't chance it. Hire a good DUI attorney today.
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Robert Marshall ·
You may be eligible for dismissal if law enforcement does not take reasonable steps to arrest you and bring you to court. You should speak with a criminal defense attorney familiar with Serna and Doggett issues. These are the names of two important cases dealing with speedy trial issues. If the lawyer doesn't recognize the names of these cases, go elsewhere. A knowledgeable defense attorney can show the judge that the cops could have found you if they wanted to. Was the address on your driver’s license current? Did you pay state taxes? Did you receive any sort of state benefits? Did you have other law enforcement contacts since you failed to appear in court? Of course, you would have to go back to court to handle the case. As others have mentioned, the warrant will stay active indefinitely, even if something has happened in the meantime that would prevent the DA from successfully prosecuting you.
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