Legal Question in DUI Law in Washington

Statue of limitation

Is there a statue of limitations on a dui charge if never been to court.and if not.How can i get my license back.It has been about 7 or 8 years,and i have been in no trouble since but i live out of state from where the dui happened.


Asked on 7/27/06, 3:51 pm

1 Answer from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Re: Statue of limitation

There is a 2-year statute of limitation, which means that the charge must be filed no later than 2 years after the violation.

It appears from what you have written that a charge of DUI was filed in your case, yet you never appeared in court. Consequently, your driving privilege has been suspended for failing to appear and may have been suspended for a breath test above the legal limit or test refusal. Each suspension has different requirements for reinstating your driving privilege.

A suspension based upon failure to appear will not be lifted until you have appeared in court or the case has been dismissed. (If you appear and are convicted of DUI, you will face a new suspension.)

If the suspension is based upon a breath test or refusal, you will need to contact the Department of Licensing to inquire what steps are necessary to reinstate your driving privilege.

It is important to remember that these two suspensions are separate and distinct, although concurrent. Resolving one will not necessarily remove the other.

You should gather as much information as you can about your case and obtain a copy of your driving record and then consult an attorney. Although not likely, you may even be able to resolve the case without returning to Washington.

As long as you are suspended in Washington, you will likely be unable to obtain a driver's license or operate a motor vehicle in any other state.

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Answered on 7/27/06, 4:55 pm


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