Skip to main content

Is there a statue of limitations on dui charges in alabama

Huntsville, AL |

it's been over 14 years,brother got a PI charge in madison co.ala. and they have a hold in marshell co ala for dui and failure to appear....he's been in madison co. jail for 8 days

+ Read More

Attorney answers 4

Posted

They can still bring the case against him. Otherwise people would just run until the time runs. Should be easy to handle. Officer could be retired by now.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

Posted

1. Hire a criminal defense lawyer.
2. Have that lawyer determine if the prosecuting agency forfeited it's right to prosecute by not bringing charges or prosecuting your brother in a timely manner. This is a speedy trial violation versus a statute of limitations violation depending on the exact facts.
3. If your brother didn't bother to show up to his initial court date and was basically on the run for 14 years, he'll be out of luck and will have to face charges.
4. State will have a hard time proving a 14 year old DUI.

As always, no attorney/client relationship is created by this answer and I recommend that you contact a local, experienced criminal defense lawyer to discuss your particular situation.

Posted

This is really not a "statute of limitations" question, since apparently the arresting agency filed the arrest warrant within the time required (one year for a misdemeanor offense), but rather the issue of "speedy trial." If your brother intentionally avoided prosecution, such as fleeing the jurisdiction of the court or intentionally failed to appear in court when directed, the issue of "speedy trial" is basically negated. However, the practical fact remains that after 14 years have passed, it will be very difficult for the prosecutor to locate the arresting officer, the witnesses, and other essential persons, such as the breath test officer. The actual likelihood of a successful prosecution after 14 years low, and the case may get dismissed for lack of prosecution.

Your best course of action is to hire a good criminal defense attorney and plead "not guilty."

Posted

Common problem and situation. Statute of limitation, limits the amount of time of charges can be made only. One charges have been made, there is no limit on how long it takes someone to be brought to trial. I had a client who as arrested on two different DUI s, one was 23 years old and the other was 22 years old. Ironically, he lived across the street from the charging Police Station for 8 years.

Criminal defense topics

Recommended articles about Criminal defense

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