I got a dui a year and a haft going and it was dismissed they are try to up it back up can they do that ?
2 attorney answers
The statute of limitations on DUI is 2 years. Having the case dismissed and refiled later is pretty normal. 18 months is not surprising if this is a blood draw case. It would be longer than usual for a breath test case. Either way, it is legal and you will need a lawyer.
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What probably is happening is that your case was dismissed without prejudice a while ago so the state could gather evidence against you for the crime of Dui, such as completion of a lab test on your blood etc. so now they believe they have enough to proceed with this charge and the statute of limitations for a Dui is 2 years from the violation date SO... what I am telling you is, you need to hire an experienced criminal defense attorney now.