What is the statute of limitations on a dui in california?

Asked over 1 year ago - Mariposa, CA

I showed up for my court date this morning, and found that the DA's office sent a memo stating "This office has read and considered the california highway patrol incident report number XXXXXX and is declining to file charges at this time in regards to the above mentioned report for said suspect." I am not sure exactly why and didn't really want to hound the DA office for details. I'd rather not remind them of the case if I don't have to. I noticed that the Memo was written only a couple of days after my arrest so I'm assuming they saw something in the report right away that discouraged them from filing charges? At any rate I won't believe it until a few months go by and I don't receive anything in the mail telling me to come back to court and that I'm being charged...

Attorney answers (6)

  1. Matthew Murillo

    Contributor Level 19


    Lawyers agree

    Answered . If no collission/injury and this was a first, second or third offense - as in, it is only a misdemeanor, the statute of limitations is 1 year from arrest. Good luck!

    Keep an eye on your mail though. The DA, potentially even Police Department, may send something over your way with a new appearance date.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  2. Wade J. Skalsky

    Contributor Level 15


    Lawyers agree

    Answered . Typically they have up to a year to file. I would make sure that your address is current with the Department of Motor Vehicles. It's not clear if the case is a 'prosecution reject' or a 'no-file.' It's possible they are waiting for blood results or some other piece of information to see if they are going to proceed. This is a no-file situation. If they have reviewed everything and have decided that they aren't going forward at all then this would be a 'prosecution reject.' You could consult with a local attorney who can keep on top of the situation to make sure that if they do file it doesn't fall through the cracks. Good luck.

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  3. Denis Hurley White Jr

    Contributor Level 13


    Lawyers agree

    Answered . The statute of limitations on a misdemeanor DUI is 1 year. In some instances the DA is just not ready to file charges. The "declining to file charges at this time" is some indication that this may be the case.

  4. Jasen Bodie Nielsen


    Contributor Level 19


    Lawyers agree

    Answered . Assuming it was a misdemeanor, which it probably was, one year from the date of the offense. Best of luck.

    Jasen Nielsen

  5. Kapesh Vithal Patel

    Contributor Level 11


    Lawyers agree

    Answered . SOL in California is one year for misdemeanors after the date of offense.

    The answer above is for informational purposes only and is not intended to provide legal advice or form an... more
  6. Jason Chase Beahm


    Contributor Level 15


    Lawyers agree

    Answered . If they haven't filed charges yet, there is a good chance that they will decline entirely.

    However, as my colleagues have said, the statute of limitations is one year.

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Misdemeanor DUI

A misdemeanor DUI, which carries lesser penalties than a felony DUI, is the charge most people will be facing if they are arrested for DUI.

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