SOL for DUI charges in Colorado
The statute of limitations in Colorado for filing a DUI case is 18 months from the date of the offense.
The SOL prevents a criminal defendant from defending against stale charges
If the state is not prevented from bringing these old charges, it may be difficult for a defendant to present an adequate defense. Witness memories fade. Physical evidence may no longer be available.
Failure to appear in court and SOL
After charges have been filed, your failure to appear in court has no effect whatsoever on the SOL.
Right to a Speedy Trial
Your speedy trial rights are different than a SOL violation. A speedy trial violation means that the state must bring your case to trial within a specified amount of time from the date of your arraignment or from the date when you last waived your right to speedy trial. If you waive your speedy trial right, it restarts the clock in which the state must bring your case to trial. In Colorado state cases, the speedy trial clock is 6 months.
Failure to appear in court and Speedy Trial rights
If you fail to appear in court for any reason, you have effectively if not expressly, waived your right to a speedy trial. The clock will begin running again upon your next court appearance.
