Help on Being Formally Charged with a DUI or DWI
The current general time limit for prosecution for a DUI is two years from the original date of arrest. If the police don’t file charges within the statute of limitations, the charges may be thrown out in court.
DUI, DWI arrest files for drivers released from police booking are notoriously behind schedule in getting filed in court. If a person chooses not to hire a lawyer first to look into the potential pending case status, you can call the clerk of the court once a week on your own to inquire if there is a court date set.
However, it is important that every DUI defendant who has no court date yet or has an already pending court case delayed for a later continuance, not to wait for court to resume in order to get immediate free legal advice 24/7 that will establish the arrest-specific best defense for how to defeat pending DUI charges.
What Happens if the DA’s Office Does Not File Charges for DUI?
Should the DA’s Office not file charges within that one year period, the court will lose jurisdiction against the defendant. Any person who has been recently charged, needs to know how to take proactive measures with being prepared so any pending DUI charge gets dismissed.
When a driver gets a DUI, DWI charge but there still has not yet been a court date scheduled, it is understandable for people to sometimes be hesitant in getting a lawyer right away to begin a DUI defense strategy for court.
Important: In these cases where a person either cant afford an attorney or chooses to wait until they have a scheduled court date for the DUI, top local DUI defense lawyers on call 24 hours daily can often be the best option to help with free advice in the meantime without necessarily having to pay expensive legal fees.
Regardless of whether a DUI arrest happened recently in 2024 or several months ago, a person should never call or inquire about a court case with the DA. Since there is a chance the DUI case file was lost or was forgotten about filing altogether by the police, contacting the DA would only bring it to their attention.
What happens though with the local DMV license suspension status, is totally separate from any possible criminal case in court. For this reason, an online arrest review can immediately assist a driver in time with saving a driver’s license before it is automatically suspended in a matter of days following a DUI, DWI arrest.
I got a DUI but no court date, what should I do next? The DA is supposed to notify a driver charged with DUI of a pending court date once it has been set. However, it is not entirely uncommon that they fail to do so in a timely manner. A person has the option of calling the clerk of the court weekly to check if the DUI case has been officially filed, and avoid any future problem with a warrant out for an arrest for failure to appear.
Taking advantage of an online arrest review is always the best option, since it will get a person the direct answers they need about if or when a DUI case might be filed, and alleviate any cause for lingering worry.
When an individual is arrested and cited for a Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) it does not mean they have automatically been charged with the crime. What typically happens in these instances, is a person does not yet have any scheduled court date, or even know when to expect one in the future.
The scenario occurs because the officer who pulls over, cites, and arrests the individual for the DUI or DWI charge, is tasked with writing a report and sending it to the District Attorney’s office for the state in which the arrest took place. This report is then passed on to the individual who is responsible for writing up and filing the formal charges.
Deputy District Attorneys have the final say on a decision to file charges against an individual who has been arrested. A lot of times, Deputy DA’s get their queue backed up with filing requests, meaning that the driver who got arrested for a DUI but with no court date yet, may not be charged until sometime later.
In most states, the District Attorney’s office has up to a year to make the charges official – this is known as the “Statute of Limitations.” Depending on the charge being considered, the DA may have up to three years to file.
License Suspension is Separate From the Criminal DUI Court Case
The license suspension hearing works differently, and is separate from the criminal DUI court case. In every state and local jurisdiction today, your driver’s license will be AUTOMATICALLY suspended by the DMV within 30 days after the date of your DUI, DWI arrest – however, this is only if the police have filed the case with the court. This license hearing is your best chance to fight the pending suspension, and there is a short time limit to do this.
Not only that, after a free arrest review we can often file a Petition requesting to stop your suspension right away, or file an appeal to fight to get your license reinstated. Waiting to the last minute to file this Petition after a DUI arrest can drastically increase the chances of your license being officially suspended at the hearing.
Even in situations when a person cannot appear for a court date or a license hearing because of work or sudden personal emergency occurs, a DUI lawyer can go to court for you on your behalf so your legal rights are protected with attorney representation and you will still have the best chances at avoiding a license suspension or conviction.
If the individual is arrested, booked, and then released, meaning they were not bailed out of a jail, a complaint against them must be filed within a 25-day period in some cases. This is a little known statute of limitations although, in many cases, the judge will not dismiss the case even if this 25-day period has not been honored – most states rely heavily on the one-year statute of limitations.
Statutes of Limitations for DUI, DWI by State
Although one year is the general statute of limitations schedule for Driving Under the Influence or Driving While Intoxicated charges, there is some variance from one state to the next. Additionally, the statute of limitations will vary between a misdemeanor and felony DUI or DWI charge.
Here are some examples of current statutes of limitations for DUI by state:
| State | Misdemeanor DUI | Felony DUI |
|---|---|---|
| Alabama | 1 year | 3 years |
| Alaska | 2 years | 5 years |
| Arizona | 1 year | 7 years |
| Arkansas | 1 year | 3 years |
| California | 1 year | 3 years |
| Colorado | 18 months | 3 years |
| Connecticut | 1 year | 5 years |
| Delaware | 2 years | 5 years |
| Florida | 2 years | 3 years |
| Georgia | 2 years | 4 years |
| Hawaii | 2 years | 3 years |
| Idaho | 1 year | 5 years |
| Illinois | 18 months | 3 years |
| Indiana | 2 years | 5 years |
| Iowa | 1 year | 3 years |
| Kansas | 2 years | 5 years |
| Kentucky | 1 year | 5 years |
| Louisiana | 2 years | 6 years |
| Maine | 3 years | 6 years |
| Maryland | 1 year | 3 years |
| Massachusetts | 6 years | 6 years |
| Michigan | 6 years | 6 years |
| Minnesota | 3 years | 6 years |
| Mississippi | 2 years | 2 years |
| Missouri | 1 year | 3 years |
| Montana | 1 year | 3 years |
| Nebraska | 1 year | 3 years |
| Nevada | 2 years | 4 years |
| New Hampshire | 2 years | 6 years |
| New Jersey | 1 year | 5 years |
| New Mexico | 2 years | 6 years |
| New York | 2 years | 5 years |
| North Carolina | 2 years | No limit |
| North Dakota | 2 years | 3 years |
| Ohio | 2 years | 20 years |
| Oklahoma | 3 years | No limit |
| Oregon | 2 years | 3 years |
| Pennsylvania | 2 years | 5 years |
| Rhode Island | 1 year | 10 years |
| South Carolina | 3 years | No limit |
| South Dakota | 1 year | 7 years |
| Tennessee | 1 year | 15 years |
| Texas | 2 years | 3 years |
| Utah | 2 years | 4 years |
| Vermont | 3 years | 6 years |
| Virginia | 1 year | 3 years |
| Washington | 2 years | 3 years |
| West Virginia | 1 year | 3 years |
| Wisconsin | 3 years | 6 years |
| Wyoming | 2 years | 6 years |
As you can see from the table, the statute of limitations for felony DUI or DWI charges are significantly longer than those of misdemeanor drunk or drugged driving charges.
If additional crimes were involved, such as a death as a result of the individual driving under the influence of alcohol, Marijuana, or prescribed medicine, additional charges may be applied including vehicular manslaughter.
If these additional charges are cited to the individual, the statute of limitations will be even longer for the prosecutor to file office charges in the case. Felony DUI charges are often those operating while intoxicated arrests which include aggravating factors. Some of these aggravating factors include:
- Causing Injury or Accident
- Very High BAC (Blood Alcohol Content)
- Presence of a Minor
- Resisting or Evading Arrest
- Having Previous DUI or DWI Charges on a criminal record
It is important to note that missing or skipping court dates or evading police in order to run out the statute of limitations will not protect an individual from prosecution.
The District Attorney can still file formal charges against an individual even if they have not appeared in court or been formally served their charge and, as long as they do so within the allotted time provided by the state, the charges will stand.
Penalties to Expect for DUI if Convicted in Court
Just as the statute of limitations for an individual to be charged with a DUI or DWI vary from state to the next, so does the punishment and what to expect will happen when going to court for DUI will vary by location and severity of the charges.
As a general rule of thumb, first time DUI offenders will often face fines and not likely any jail time. Second and third time DUI offenders will incur higher fines, and can expect a mandatory period of time to serve in jail for an average minimum length ranging 10 to 60 days.
Since many of the best defenses that work to stay out of jail after DUI are time sensitive in order to have the highest chances of success, waiting to act because of no court date scheduled yet is typically not advised with top defense lawyers in this field of law.
The best remedy when you get a DUI with no court date, no DUI charges filed, or without DUI paperwork summons in the mail, is always with an arrest review as early as possible after the incident with police.
A careful proactive review for legal technicality defenses early enough after a DUI arrest, but before a court date or even official charges are filed in a DUI, DWI case, will always be the ultimate advantage for mitigation to have charges dropped or dismissed when a case eventually does go to court.
Recent DUI, DWI Without a Court Appearance Date 2024 Legal References:
https://en.wikipedia.org/wiki/DWI_court
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.
i was arrested for a dwi in ma 40 yrs ago and again the end of last yr of 2022.my lawyer does not have the film of my arrest as of aug 2023 should i keep calling my lawyer or wait for the next zoom as of october
Maintaining open communication with your DUI attorney is crucial, especially regarding evidence like your arrest film. Delays in gathering evidence can occur, but it’s reasonable to seek an update given the time that has passed. Consider reaching out to your affordable DUI lawyer for clarification before your next scheduled Zoom in October. Always rely on your legal counsel’s guidance for decisions specific to your case.
I got a DUI 4 yrs ago in MA. Then I got my 2nd DUI 12/02/22 in Quincy MA. My current lawyer does not have any film of the arrest from the state police in Milton MA as of 06/23.
If your current lawyer cannot or does not obtain the necessary video evidence, you may need to consider seeking a better DUI lawyer. There is no reason he/she should not fight to dismiss the case based on missing evidence.
These cops arrest people for business, regardless if you get charged with DUI but not guilty. If the DMV has taken your drivers license until your court date, you are already punished as to your livelihood during a pandemic which makes losing your license even worse.
All cops are not bad, but trust me if you don’t have an court date after a DUI it is because they are trying to figure out hot to get $$$ out of you as if you own it.
The license suspension can be challenged right away by requesting an administrative review hearing. That is why it’s so important get a Free DUI Review immediately so a DUI lawyer can start the hearing process.
I received a dwi in September of 2019. Just received my 1st court date December of 2021. All the while I was under order to install an interlock device on my vehicle. Is there anything that could possibly be done to get to receive the least on the charge? This is my 2nd dwi in the past 10 years. Any lawyer advice would be very helpful.
Yes the Ignition interlock device is usually required in your vehicle no matter when the pending court case takes place. You will have to face the license punishment from the state but the court case can be plea bargained or dismissed based on the arrest circumstances. Most likely a DUI plea bargain is your best option since this is your second DWI offense.
I was arrested over two years ago for a dwi in Texas, but I have never been to court. I am on probation for a DWI in the same county that happened 5 months before that arrest. My second arrest has been added to my record as if I was convicted, but how can that be if I never been to court for it?
The southern states DUI laws are severe in court. I got in a car accident right when covid started with a cop car. I got permanent neck damage. I tried to get treated for it but couldn’t because insurance wouldn’t pay. Cops put the accident as my fault even though they were driving the wrong way down a one way street. I was a teacher but switched to a home health aid to help out during covid so my paycheck definitely doesn’t leave me enough to pay out of pocket either.
I called the police department and basically begged them to change their report so I could get the treatment I needed. The police said no I had to sue them, so I tried to. Of course it didn’t work. Next thing I know they put a DUI warrant on me. I get put in full restraints, stripped naked, tased, and hit for 12 hour in a isolation room until my my parents and fiance manage to find me and bail me out.
I now have a lawyer and am going to court for DUI charges next month. The local court prosecutor for the police apparently have decided to give me a DUI with no breathalyzer, no sobriety test, no blood draw, no urine or hair test, no vehicle search, no real evidence of anything to prove DUI. I’m sure some cops are great but so far imo the ones in the south are not – especially in Florida!
Your pending DWI should only show up on your driving record and not your background check. That is why it’s so important to get a DWI dismissed or reduced to a lesser charge.
I got a DUI right before the covid-19 quarentine.
The court house is closed and has been for months. What do you think the probability of the DA filling charges not only me but many other misdomenor cases that can date back to late 2019? I’m sure they will be swomped with cases that are more recent. What is your opinion and / or best educated guess on how they will Handel these classes?
me too its been a whole year and I haven’t been served can they still serve me after a year?
I always wonder why someone would run away from their court date. It seems like the penalties would be much harsher. It’s interesting that South Carolina doesn’t have a limit on how long they can sentence you for a DUI.