To be arrested for a DUI or DWI does not mean that you are automatically charged with a DUI. Normally, you won’t find out about the charge until after you are released from jail. Even then, you may be waiting longer than you expect to hear. If you aren’t sure how the DUI charge process works, here is what you need to know.
Is There a Statute of Limitations?
If you haven’t received your DUI charge yet, you may be wondering how long you have to wait. There is a statute of limitations on DUI charges. The statute of limitations, however, varies based on the state that you live in, as each state has their own. In addition, it can change based on the severity of the charge. If you are being charged with a misdemeanor and a first time offense, there may only be a year to file charges. However, if you are charged with a felony, the statute of limitations may be longer. It’s important to remember that you could wait up to a year before you receive charges. If you do not show up to court because you did not receive notice of the charges, it is not an adequate excuse.
Who Files Charges?
When it comes to DUI arrests, most government offices have a backlog. This means that most are behind schedule. You may not receive your court date right away because of this. While you can call the clerk’s office to find out if there is a court date, you may want to refrain from calling, as you will always receive notice of an upcoming court date or criminal charge.
Some believe it is the cops who file the charges, but this is simply untrue. The government official in charge of filing charges against you is the District Attorney. You never want to contact the DA directly when it comes to your charge. If the case is lost, you may not have charges filed at all. However, when you talk to the DA, he or she will probably file charges.
To be charged with a DUI or DWI is a serious offense. It can result in jail time, fines, and points added on your license. It is crucial that you have a lawyer to help you through the case. You have the right to defend yourself against a DUI charge. Set up a consultation with a DUI lawyer as soon as possible to discover your defense options.