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After arrest for DWI how long does the prosecuting attorney have to formally file charges? is there a statute of limitations?

Mankato, MN |
Attorney answers 5

Posted

Contact your local law library and they can look it up for you.

My answers are only intended as general legal advice based on my eighteen years as an Austin criminal defense and DUI attorney. They are not intended to be a binding legal opinion nor to create an attorney - client relationship. For those questions asked outside of Texas, there is no intent on my part to practice law in any other state There is no substitute for contacting a local attorney. Feel free to visit my website, www.austincriminaldenseattorney.com .

Posted

Officially, the State of Minnesota has 3 years to proceed with criminal charges from the date of offense. Depending on the test you took, they may not go through with the charges for several months. We have seen the breathalyzer take up to a few weeks, blood test take up to 5 months, and urine test take up to 6 months. It all depends on how busy they are.

At the same time, if the State chooses not to file charges, they will not tell you and you will never know. Make sure your drivers license mailing address is up to date (if they decide to charge you, that's where they will send it).

The best thing you can do at this point is have a criminal defense attorney on hand and ready to go if charges are filed. Finding one now and getting ready for the charges will make like a lot easier if they go through with charges.

This information is general in nature. You should not rely on this information as legal advice, as each case is unique. This information does not create an attorney-client relationship. If you are in need of legal advice concerning a particular matter, you are encouraged to contact us at your earliest convenience.

Posted

The statute of limitations on a DWI offense is 3 years. You should consult an attorney to determine if it is possible to head off any potential charges. Technically the prosecuting authority and the police department do not have to tell you if they are not filing charges. However, if any of your property was forfeited during the arrest you should probably find out what is going on sooner rather than later so that your property does not sit in evidence for longer than necessary.

This answer is not legal advice and does not create an attorney/client relationship. You need to speak to a lawyer to discuss your specific legal situation and to receive legal advice.

Posted

This will depend on whether the DUI was charged as a felony or a misdemeanor. In most jurisdictions the statute of limitations (or time they have to file charges) is one year from the date of the offense or one year from the time the state becomes aware that the crime was committed which in most circumstances is the date of the crime.

The Statute of Limitations for a felony varies from state to state, for instance it is 7 years in Arizona.

Landon J Ascheman

Landon J Ascheman

Posted

I must point out that if this is a Minnesota question as indicated by the location, this answer is incorrect. There is no distinction between misdemeanor or felony DUI's in Minnesota regarding the statute of limitations. Which is three years.

Ethan Patrick Meaney

Ethan Patrick Meaney

Posted

Please attorneys answer questions in states that you are actually licensed to practice law. People are looking for help and when you have no idea what the laws of another state are you should refrain from "attempting" to answer a question in that state.

Posted

There is a three year statute of limitations on charging for a DWI. You will also want to keep in mind that your driver’s license may be revoked, if it has not been already. Regardless of whether you are criminally charged, you have 30 days from the date you receive notice to challenge the revocation. You may want to speak with an attorney prior to being charged to make sure you are preserving your rights and determine whether it may be possible to avoid charges.

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