Statute of Limitations for DUI: How Long Do Charges Last?

Understanding DUI Statutes of Limitations

According to ChambersLaw, the statute of limitations for DUI charges varies based on whether the charge is a felony or misdemeanor [1]. Misdemeanor DUI charges must be filed within one year from the date of the incident, while felony DUI charges must be filed within three years.

Commencement of Charges:
The “commencement” of a DUI charge typically refers to the initiation of the case. For a misdemeanor DUI, this begins with the filing of a complaint. For a felony DUI, it starts with an indictment, information, arraignment, or the issuance of a lawful arrest or bench warrant.

Determining Felony vs. Misdemeanor DUI:
To determine if a DUI charge is a felony or misdemeanor, examine the maximum penalty allowed by law. A misdemeanor has a statute of limitations of one year, while a felony has a statute of limitations of three years.

Generally, first, second, and third DUI offenses are misdemeanors, carrying penalties such as up to six months in jail for a first offense and up to one year for subsequent offenses, along with fines, alcohol education seminars, and license suspension.

For the fourth or subsequent DUI offense within a 10-year period, a felony DUI prosecution may be brought. If a person has been convicted of felony DUI in the previous 10 years, the prosecution may also file felony DUI charges against them. Last but not least, felony DUI charges will be brought against anyone who causes serious harm or death to another person by operating a vehicle while intoxicated

Overview of State Criminal Statutes of Limitations for DUI Charges

The following chart provides a summary of the criminal statutes of limitations for each state:

Alabama
Code Section(s): 15-3-1 et seq.
Felonies: No limitation for capital offenses, crimes causing death or serious injury, arson, forgery, counterfeiting, or drug trafficking. Five years for most other felonies; six years for conversion of public revenues.
Misdemeanors: 12 months
Acts During Which Statute Does Not Run: Time between two indictments in certain circumstances.

Alaska
Code Section(s): 12.10.010 et seq.
Felonies: No limitation for murder, kidnapping, and many sex crimes. Five or ten years for most other felonies.
Misdemeanors: Five years
Acts During Which Statute Does Not Run: Up to three years extension if hiding outside the state.

Arizona
Code Section(s): 13-107
Felonies: No limitation for homicide, violent sexual assault, misuse of public money, falsifying public records. Seven years for other felonies.
Misdemeanors: One year; six months for petty offenses.
Acts During Which Statute Does Not Run: Absent from the state or no reasonably ascertainable residence in the state; identity unknown.

Arkansas
Code Section(s): 5-1-109
Felonies: No limitation for murder and many sex offenses. Six years for Class Y and A felonies. Three years for other felonies.
Misdemeanors: One year
Acts During Which Statute Does Not Run: Continuously absent from the state.

California
Code Section(s): Penal Code 799 et seq.
Felonies: No limitation for offenses punishable by death or life imprisonment, embezzlement of public funds, and many sex crimes. Six years for offenses punishable by eight or more years in prison. Three years for other felonies.
Misdemeanors: One to four years, depending on the offense.
Acts During Which Statute Does Not Run: Up to three years extension if not in the state; periods do not begin until the offense is or should have been discovered.

Colorado
Code Section(s): 16-5-401
Felonies: No limitation for murder, kidnapping, treason, any sex offense against a child, and forgery. Five years for vehicular homicide. Three years for most other felonies.
Misdemeanors: 18 months generally; one year for Class 1 and 2 misdemeanors and traffic offenses; six months for petty offenses.
Acts During Which Statute Does Not Run: Up to five years extension if absent from the state.

Connecticut
Code Section(s): 54-193 et seq.
Felonies: No limitation for murder or Class A felonies. Five years for most other felonies. Sexual abuse, exploitation, or assault: 30 years after the victim reaches majority or five years from date of notification, whichever is earlier.
Misdemeanors: One year
Acts During Which Statute Does Not Run: Fleeing or residing outside the state.

Delaware
Code Section(s): 11: 205
Felonies: No limitation for murder, Class A felonies, and many sex offenses. Five years for most others unless forensic DNA evidence is available, then 10 years.
Misdemeanors: Three years for Class A; two years for others.
Acts During Which Statute Does Not Run: Fleeing or hiding from justice action commenced.

District of Columbia
Code Section(s): 23-113
Felonies: No limitation for first- or second-degree murder. Six years for other felonies in the first and second degree; three years for all other crimes. Nine years for offenses involving official misconduct, fraud, or breach of fiduciary trust.
Misdemeanors: Three years
Acts During Which Statute Does Not Run: Fleeing or action commenced.

Florida
Code Section(s): 775.15
Felonies: No limitation for life felonies or felonies resulting in death. Four years for first-degree felonies; three years for other felonies.
Misdemeanors: Two years for first-degree misdemeanors; one year for second-degree misdemeanors or noncriminal violations.
Acts During Which Statute Does Not Run: Up to three years extension if continually absent from the state.

Georgia
Code Section(s): 17-3-1 et seq.
Felonies: No limitation for murder or certain crimes against children. 15 years for forcible rape. Seven years for other crimes punishable by death or life imprisonment. Four years for other felonies.
Misdemeanors: Two years
Acts During Which Statute Does Not Run: Nonresident or when person or crime is unknown.

Source: FindLaw.com [2]

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References:

1. https://www.chamberslawfirmca.com/ask-a-dui-attorney-in-california-how-do-statutes-of-limitations-affect-dui
2. https://www.findlaw.com/criminal/criminal-law-basics/time-limits-for-charges-state-criminal-statute