Legal Question in DUI Law in California

what is the statute of limitations on a vehicle violation dui in the state of california

Asked on 8/24/11, 12:02 pm

2 Answers from Attorneys

Elena Condes LAW OFFFICE OF ELENA CONDES

A complaint must be filed or, an arrest warrant naming you must be issued one year from the date of the offense unless, the offense is charged as a felony in which case it's three years.

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Answered on 8/24/11, 12:32 pm
Joe Dane Law Office of Joe Dane

Assuming it's a misdemeanor DUI, the statute of limitations is one year. That's how long the prosecution has to file charges. That's not how long any possible warrant or case could remain active - just how long they have to file charges.

A felony DUI (either because there are three priors within 10 years, there are injuries or because there is a prior felony DUI) has a three year statute of limitations.

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Answered on 8/24/11, 12:47 pm


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