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DUI

Asked about 3 years ago - Phoenix, AZ

is it a justifiable charge ,to summons a person to appear in court ,who was charged and released with a dui,charged at 17yrs.old ,they waited till i was 18 and 3 mths..i was drinking in a parked car that had no gas,
listening to the radio ,with two buds, they were taken home, and i was arrested,and released to my dad ?
could you please tell me , in az ,is this justifiable to do ? is there a statute of limitations on this charge .....HELP!!

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Attorney answers (2)

Patricia Elizabeth Fox

Reputation Level 10

Answered about 3 years ago. Criminal Defense Attorney in Sunnyvale, CA.

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Statutes of Limitations vary from state to state.
Contact a local criminal defense lawyer to discuss your defenses as well as any procedural problems.
Good Luck.

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Cary L Lackey

Reputation Level 13

Answered about 3 years ago. DUI / DWI Attorney in Phoenix, AZ.

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Arizona prosecutors routinely use this tactic to get around filing DUI charges in juvenile court. For a misdemeanor offense, the Statute of Limitations is 1 year. See A.R.S. sec. 13-107(B)(2). For an aggravated DUI, which is a felony offense, the Statute of Limiations is 7 years. See A.R.S. sec. 13-107(B)(1).

In addition to a possible time limitation issue, you may have an "actual physical control" defense. Please consult with an Arizona-licensed attorney for further advice.

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