If you’ve been charged with driving under the influence of alcohol in California, it’s important to understand the timeline you’re facing with regard to the statute of limitations. The statute of limitations dictates how long prosecutors have to file legal charges against you from the date of your alleged offense.
For misdemeanor drunk driving charges, they generally have one year to do so in California. However, a skilled DUI defense attorney can advise if any exceptions in your particular case may extend that deadline.
Consulting with an experienced DUI lawyer in Los Angeles immediately can make a big difference in the outcome of your case. We can thoroughly review the evidence and help determine if the charges were filed in a timely manner. Knowing the statute of limitations is just one part of building a strong defense against a DUI accusation.
Defining the Statute of Limitations in California
The statute of limitations dictates how long the court system can wait to charge someone with a crime. Depending upon the crime, the statute of limitations may vary in length. Some crimes, like murder, have no statute of limitations.
California uses two different statutes of limitations for DUI charges. The court system must commence DUI charges for a driver within:
- One year for a misdemeanor DUI charge
- Three years for a felony DUI charge
If DUI charges are not commenced within the statute of limitations, an individual can no longer be charged in court for the offense.
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Methods to Commence DUI Charges in California
Many drivers believe that the court system can only commence a DUI case by filing charges. However, this is not always the case. In fact, the court system can begin proceedings in a DUI case by:
- Filing a complaint for a misdemeanor
- Filing an indictment for a felony
- Arraigning a driver on a complaint for a felony
- Issuing a bench warrant or arrest warrant for a driver
You should be aware that arrest warrants are subject to the statute of regulations in California, but bench warrants are not. This means that you could face charges far into the future if the court issues a bench warrant for your arrest after you are accused of a DUI.
Differences Between Misdemeanor and Felony DUI Charges
As we mentioned previously, misdemeanor and felony charges for a DUI are treated differently in California. The prosecution generally decides how your DUI charges should be prosecuted. Many DUIs are treated as a misdemeanor, but you may face felony charges if:
- You have three previous misdemeanor convictions for a DUI
- You have one previous felony conviction for a DUI
- Someone was hurt or killed in an accident caused by a DUI
Both misdemeanor and felony DUI charges should be taken seriously in California. You can get help speaking with a criminal defense lawyer in Los Angeles from Simmrin Law Group.
Results of a Conviction for a DUI Charge in California
You can be prosecuted for a DUI charge in California as long as the statute of limitations has not expired for your case. DUI convictions can lead to a number of incredibly harsh penalties. Drivers convicted of a misdemeanor can be sentenced to:
- Jail time of up to six months
- Fines of up to $2,000
- Restrictions on their driving privileges
A felony conviction for a DUI could result in:
- Prison time of up to four years
- Fines of up to $5,000
- The revocation of your driver’s license
Additionally, all DUI charges in California are priorable. Each time you are convicted, the penalties you face can increase, even if you are charged with a misdemeanor. Our criminal defense attorneys have extensive experience in handling even the most complex DUI cases. We may be able to help you get your DUI charges reduced or dismissed.
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Dealing with DUIs and the Statute of Limitations in California
Technically, you could try to avoid a DUI conviction in California by attempting to wait out the statute of limitations. However, it is very unlikely that you would be able to avoid the court system for the number of years necessary for the statute of limitations to expire, especially for a felony charge.
You can face charges of driving under the influence head-on by working with a DUI lawyer in Los Angeles. The professionals at the Simmrin Law Group can provide you with answers to your legal questions now. Depending upon your situation, we may be able to:
- Get your charges reduced
- Get your charges dismissed
- Win your case in court
Take steps to proactively resolve DUI charges in your favor by contacting us as soon as you are arrested.
Is It Possible to Beat a DUI Charge?
Yes. In spite of the difficulties, it is feasible to overcome a DUI accusation. You have options for defenses that will keep you free, so don’t give up hope. Because police officers are human and prone to making mistakes, the argument of “police error” is used when defending DUI cases.
When giving a field sobriety test, police officers must be very careful; even a small error could result in a reduced charge. We will examine the evidence against you and challenge its legitimacy. California has a 70% conviction rate for DUIs, with 30% of cases ending in dismissals or reduced charges.
Even while a case dismissal is possible, it is by no means guaranteed. To discuss your specific situation and obtain a personalized assessment of your case’s potential outcome, you should consult with a DUI attorney in Los Angeles.
Contact a Lawyer About the Statute of Limitations for a DUI
Facing criminal charges can be one of life’s most stressful experiences. Even misdemeanor charges can result in serious consequences that can impact your life. It’s important to talk to a criminal defense attorney in Los Angeles as soon as possible.
Even though the statute of limitations in California for a DUI varies for misdemeanor and felony charges, a DUI lawyer in Los Angeles can help you review your options to handle any DUI accusation.
Start getting the assistance you need today with a free initial case evaluation from the Simmrin Law Group. Contact us today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form