Skip to main content

How long can the state put off a trial for DUI in NC?

Concord, NC |

My nephew was charged with DUI 17 months ago and has been told at 3 different court dates his blood work was not back how long can the state do this before statute of limitations ends in NC

Attorney Answers 3


  1. Once the charges have been properly instituted, there is no statute of limitations. Blood cases in North Carolina are taking a substantial period of time.

    NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.


  2. If you have an experienced DWI attorney working for you, be sure to ask him/her to begin objecting to the State's continuances. We are having more and more luck in our area doing so and getting DWIs dismissed for our clients due to the amount of time these blood tests are taking. Good luck!

    Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.


  3. As mentioned in the previous answers, blood test results are taking an incredibly long period of time to come back. Your nephew's attorney can begin objecting to the State's request for continuances, but be aware, that even without the blood test results, the State can proceed to trial on the theory of "appreciable impairment." What this means is even though they don't have test results with a BAC number, the State intends to prove there was impaired driving based on other factors like bad driving and failing the roadside sobriety tests.

    Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background.

DUI topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics