San Diego DUI Lawyers Blog
When it comes to a DUI arrest in California, one of the most common questions is: “How long does the state have to file DUI charges against me?” The answer lies in what is known as the statute of limitations—and if you’ve been arrested for DUI or fear you may be, understanding this legal time limit is essential to protecting your rights.
What Is the Statute of Limitations? In criminal law, the statute of limitations is the legal deadline for the government to file charges. If prosecutors fail to file a case before the statute expires, they may lose the legal ability to prosecute you. The idea is rooted in fairness. Over time, evidence fades, memories weaken, and witnesses disappear. The statute of limitations ensures that criminal charges are filed while facts are still fresh.
Statute of Limitations for DUI in California. How long the state has to file DUI charges depends on whether the case is charged as a misdemeanor or a felony.
✅ Misdemeanor DUI – 1 Year from the date of the alleged offense. Most DUIs in California are misdemeanors, especially first, second and third offenses without injuries. This includes:
- Driving under the influence of alcohol or drugs (Vehicle Code §23152)
- Driving with a BAC of 0.08% or higher (Vehicle Code §23152(b))
If the prosecutor doesn’t file within one year, they may be barred from pursuing charges—but there are exceptions (see below).
🔺 Felony DUI – 3 to 6 Years. DUIs can be charged as felonies if:
- It’s your fourth DUI offense within 10 years
- The DUI caused injury or death
- You have a prior felony DUI on your record
📅 Statute of Limitations:
- 3 years for most felony DUIs
- Up to 6 years for cases involving serious injury, vehicular manslaughter, or death
In some situations—especially those involving fatalities—the statute may be longer, or the case may even be exempt from any limitation.
When Does the Clock Start? The statute of limitations begins running on the date of the alleged DUI offense—not the date of your arrest or court appearance. However, in certain situations, the statute may be paused (tolled), such as when:
- You’re out of state
- You’re actively evading prosecution
This means the state could argue that it had more time to file charges.
Arrested But No Charges Filed? Here’s What It Means. It’s not uncommon to be arrested or given a citation, but no charges are immediately filed with the court. This delay does not mean you are in the clear. The prosecutor still has time—up to a year (for misdemeanors) or longer (for felonies)—to file.
⚠️ Important: Even if the statute is nearing expiration, the state can still file charges without notifying you, and a bench warrant could be issued.
Can I Use the Statute of Limitations as a Defense? Yes—but it’s not automatic. A skilled DUI defense attorney in California must raise the issue and prove that the deadline passed before charges were filed. If successful, the case may be dismissed outright.
What Should You Do If You’re Unsure? If you’ve been involved in a DUI investigation, or arrested but never charged, don’t wait around hoping it goes away. Instead:
✔️ Speak with an experienced DUI defense attorney
✔️ Have them check whether charges were quietly filed
✔️ Make a plan in case you need to respond to a complaint or warrant
Speak with a Trusted DUI Lawyer in San Diego. At The Law Offices of Susan L. Hartman, I’ve defended clients in hundreds of DUI cases throughout San Diego and Southern California. Whether you are worried about an old arrest or need aggressive defense now, I’m here to help.
📞 Call today for a confidential consultation: 619.260.1122
TEXT/CELL: 858.365.3316
📍 San Diego County & surrounding areas
🌐 www.SanDiegoDUILawyersBlog.com
The sooner you act, the better the outcome. Do not let the clock or the court catch you off guard.