The statute of limitations can vary from two to four years, depending on whether the attendant circumstances authorize misdemeanor or felony charges. Moreover, in many instances, the State may use the Uniform Traffic Citation as a charging document. Once formal charges have commenced, the time frame is indefinite, unless the Defendant files for a speedy trial. The foregoing is not intended as legal advice, but a general exposition of time limits bearing on DUI cases. I recommend engaging an attorney for legal advice on your specific circumstances.
You have a constitutional right to a speedy trial, but that will not become an issue for a good while unless you formally demand a speedy trial. If you are in a hurry to get your case over with, speak to an attorney about that. If you are hoping that the case will be dismissed for taking too long, you have a much longer time to wait.
Generally speaking, the statute of limitations for a DUI is 2 years. However, many courts allow the tickets the officer wrote you to satisfy the statute. You do have a statutory right to a speedy trial if you demand one, and if your case drags on for a very long time your Constitutional right to a speedy trial may be violated. The Constitutional violation usually takes quite a long time before it becomes an issue, there is no specific per se time limit, and the judge in our case would have to balance certain factors in making this determination.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
They have two years to charge you. They have the rest of your life to convict you. (Roman Polanski has been hiding in France since 1978 while California waits to sentence him.)
↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.
The Statute of Limitations on a misdemeanor DUI is 2 years. That means the State of Georgia has 2 years in order to file charges against you. After that hurdle is met - the case can drag on for years. If you want to have your case heard ASAP then you should file a Speedy Trial Demand. I would recommend that you retain the best DUI Defense Attorney that is available to you as quickly as you can - so that the Demand can be filed and your case fully investigated before your trial. **** Most attorneys will advise you not to rush the case to trial. If the case is delayed there are numerous problems that can arise for the state and hinder the prosecution. I hope this information is helpful to you. Good Luck!!! George McCranie www.mccranielawfirm.com
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.