Legal Question in DUI Law in Louisiana

Dear LawGuru Friend,

There are two time limits that apply to such a

case as you describe: one starts running when the

alleged offense is committed until you are formally

charged, and the other starts running at the time

you are formally charged until you are tried. Of

course, there are certain things that will cause the

running of these "prescriptive" periods to be suspended,

such as one's being a fugitive in the case of how long

the state has to commence prosecution, and the

filing of motions by the defense, in the case of

the running of the prescriptive period where the

prosecution has already begun. These prescriptive

periods, or time limitations, are found in the

Louisiana Code of Criminal Procedure, a book

that can be found on line under Louisiana Laws

on the Louisiana Leglslature's web-site, which

can be found by the GOOGLE method of

legal research. Assuming that you are referring

to a first or second offense DWI, then these

periods are shorter than they are in the case of

a Felony Third Offense DWI, or a subsequent

higher grade DWI. Should you need assistance

in looking up these prescriptive periods in the

Louisiana Code of Criminal Procedure, feel

free to e-mail me at [email protected],

and I will be glad to help you.

Sincerely,

Hardy Parkerson, Atty.

(Sabbatically Retired from the Practice of Law)