What is the SOL for a DUI if the person skips bail and goes to another state?

Asked over 5 years ago - Tacoma, WA

Eighteen year old arrested for DUI in March. Court date set for June. Then in April, he was arrested for another DUI. He called a bail bondsman both times and was bailed out. He is now threatening to fail to appear in court (in two days) and leave the state. He believes he can turn his life around and return to WA in 2 years to face the court and provide evidence of his new-found success. He thinks the court will forgive him. I do not agree and I also beleive he may be jeopardizing whomever he stays with in another state. Please advise.

Attorney answers (2)

  1. Nathan L Webb

    Pro

    Contributor Level 9

    Answered . If the person skips bail, then there is no statute of limitations on the case. The failure to appear prevents any statute of limitation defense. In Washington, a misdemeanor offense for DUI must be filed in two years from the date of arrest. The court is NOT going to forgive him for running away and may penalize him further. Your friend needs to face the music and have counsel present with him at all hearings. Good luck!

  2. Erick Masten Platten

    Pro

    Contributor Level 18

    Answered . Hello there,

    Normally for a misdemeanor crime the statute of limitiation will be two years. However, if the State filed in the case and the individual skipped bail the statute will toll until he is brought to court to face the charge.

    If he does not appear in court and additional charge of bail jumping could also be filed against him. Its not worth it to run.

    You can't out run the case once its been filed in.

    Best thing you can do is hire a good attorney to go talk to the state and see what can be worked out for you.

    He also may have various defenses available for him. But, your not going to know until you face this matter and get it resolved.

    I would advise you to hire an attorny that i a member of the National College for DUI Defense because we are held to a hier standard that regular attorneys in relation to representing individuals charged with intoxication offenses. You can find an attorney that is a member by going to the College's website and finding a lawyer in your area.

    www.ncdd.com

    I hope things work out for you.

    Sincerely,

    Erick Platten

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