I was convicted of a dui almost 3 years ago and did 2 days in jail and was put on probation until I completed everything I was court ordered to do. Because I had no income the only thing I complied with was the drug and alcohol evaluation. The agency that did my eval recommended to the court that I do 12 weeks of alcohol information classes and 2 A.A. meetings a week. There was no way I could afford the classes then and I cant afford them now. I also at this time have no transportation so getting to 2 A.A. meetings a week is not possible. I reported to my probation officer twice where I was told that the next time I reported I had to show proof that I was doing the classes, going to meetings and signed up for the victim's impact panel. Since I couldnt comply I never reported back to probation and a warrant was issued for failure to comply. It is a misdemeanor dui. Now if I was to turn myself in what would happen? Would I be taken into custody right then and there? And since I cant comply with what the court ordered can I do jail time instead and if so how long would I be in jail for? I was told that there was a 7 year statute of limitations and that if I could make it seven years without getting caught that I was in the clear. Is this true? Thanks for taking the time to read this and hopefully giving me answers.
1 Answer from Attorneys
First off, no; there is no truth to the seven year idea. This case will stay open, probably in warrant status, for the rest of your life. Once in a great while, a court will close a file and 'give up' on ever getting the person back in court, but probably not for at least 15 years. Usually, they never do.
If you turn yourself in, what will happen depends on the court. Some courts would 'serve' the warrant, so you would spend some jail time. Eventually, they will keep having you come back until the treatment gets finished, or you provide a new assessment that says you no longer need treatment.
You should definitely be talking to a lawyer who practices in that court before you go in. If you had a public defender at the time of the plea, they should be able to help you.