CALIFORNIA CRIMINAL LAWYERS

What You Should Know about California DUI Statute of Limitations

The Seriousness of a DUI Charge in California

When it comes to driving under the influence (DUI) charges in California, one thing is certain – the stakes are high. In a state where over 1,400 fatalities occur annually due to DUI charges, the law takes the offense very seriously. Furthermore, more than 190,000 people get arrested each year for DUI. Prosecutors base the charges on the amount of alcohol or other substances found in the driver’s system, which in turn is determined by the driver’s blood alcohol concentration (BAC).

For instance, when operating a passenger vehicle, drivers who are 21 or older will face DUI charges if their BAC is at or above 0.08%. If they are using a commercial vehicle, drivers will face charges if their BAC is at or above 0.04%. Minors, on the other hand, will face charges if their BAC is at or above 0.01%. Also, consuming prescription medications, over-the-counter drugs with alcohol, or cough syrup can attract DUI charges.

California’s Statute of Limitations

A person accused of driving under the influence (DUI) must face formal charges against them within a specific period in California before those charges become inadmissible in court. This is known as the statute of limitations. It is important to note that California’s statute of limitations is based on whether the DUI is a misdemeanor or a felony. For a misdemeanor DUI charge, prosecutors have up to 12 months to formally file charges against the accused, while they have up to three years to file formal charges for a felony DUI charge.

There is, however, no statute of limitations for a DUI arrest warrant in California. Consequently, these warrants will remain active indefinitely.

The Wobbler Offense

DUI is a “wobbler” offense in California. This means that facts surrounding a DUI charge can make it prosecutable as a misdemeanor or a felony. Although most Californians face misdemeanor DUI charges, a person can be charged with felony DUI if they have four or more instances of DUI charges within ten years. People could also face felony DUI charges if while driving under the influence, they cause extensive bodily injuries or death.

Penalties for DUI

Penalties for DUI charges vary depending on the accused person’s age, the type of license they possess, and any previous DUI convictions. These penalties can include license suspension, community service, fines, and even jail time.

Procedural Aspects of DUI Charges

After the arrest of drivers for DUI in California, many falsely assume that their trials or plea deals will start immediately. However, that is usually not the case. After an arrest, drivers will often spend a night in jail and receive notice of their court date. On the assigned court date, they may find out that the district attorney has not filed any charge against them yet. In many cases, months can pass before the accused hears back regarding their trial, and it is not advisable for them to assume that the charges have been dropped or forgotten. Instead, it will be in their interest to assume that the district attorney is working hard to gather more evidence. In such circumstances, Los Angeles DUI Lawyers come in handy. By seeking their services, a person will learn about their rights, and together they can determine the next move towards a positive outcome.

Conclusion

California law enforcers and courts take driving under the influence (DUI) very seriously, given the high occurrences of DUI-related deaths in the state. It is therefore crucial to understand the consequences of a DUI charge, including the serious penalties and the procedural aspects of the charge. Everyone has the right to seek the services of Todd Spodek’s law firm, which boasts of professional and experienced Los Angeles DUI lawyers. They can provide legal counsel, representing the accused throughout the DUI charge process, and helping them realize the most favorable outcome.