I need to know what the statute of limitations is for on a dui?I got a dui in 1998.I was arrested for it yesterday.That was 9 years ago.

I responded to your other post.

What ever happened with this? Was the statute of limitation exceeded in your case?

Isn't it 10 years or something like that? Or maybe it never expires?

Hello rowdy,

It will not go away. A statute of limitations applies to the bringing of charges or complaint within a given time, from the act or knowledge of an event. The charges were brought nine years ago, and you have been non-responsive; essentially, this is contempt of court. Further, it is a mandatory court appearance offense, and subject to immediate bench warrant; when they say mandatory, that is what they mean.

They have not, however, proved their case. Time may be on your side on this. Keep an eye open for conflicting details and lost evidence. The court may also be bound to apply standards and rules that applied nine years ago, as that is when charges were brought, but I am not sure on this. Obtain council if you can, it will help in court. Good luck,

Lawford

Ok Statute of Limitations by Wikipedia is limitations of common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. In civil law systems, similar provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or "prescriptive periods."

Motion to dismiss under Speedy Trial Act requires the case be dismissed for failure to prosecute within 1 or 2 years.

The clock starts ticking on the day of arrest/citation, or indictment by grand jury, and stops on the day the trial begins.

WARNING: If a defendant fails to make a motion to dismiss "in a timely fashion", that right to speedy trial has been waived. So some poor suckers get convicted after waiting 15 years for trial, because their lawyer didn't make the motion until the day of trial.

Constitutional right to due process under 5th and 6th amendments also apply to speedy trial.

The Statute of Limitiations has no effect on the speedy trial requirement. Statute of limitations starts of teh day of the alleged offense, and ends on the day of arrest or indictment.

Some folks get a secret indictment that was never served for 10 years, so no due process. Those indictments get thrown out by the appellate courts.

Google Alabama Speedy Trial Act