If you were arrested for driving under the influence, you may be wondering, “How long does the DA have to file charges in California?” For misdemeanor DUI charges, the district attorney (DA) generally has one year from the date of the DUI incident to file charges. If you face a felony DUI charge, the DA may generally have between three and six years to do so.
Certain factors, such as whether the incident led to a fatality, will often extend the statutory deadline for DUI charges. The best defense against any DUI charge is to begin working on your case immediately. A Los Angeles DUI lawyer can explore defense strategies that would apply to your case and help you fight the charges. They can also help if you face charges after the statutory clock has run out.
Statute of Limitations for California DUI Charges
If you’ve been investigated or arrested for driving under the influence in California, it’s important to understand the time limits prosecutors have for filing formal charges. The statute of limitations sets strict deadlines the district attorney’s office must adhere to.
One Year for Misdemeanor DUI
For standard misdemeanor DUI charges under Vehicle Code 23152(a) or 23152(b), the statute of limitations is one year from the date of the alleged offense. This includes typical DUI cases without aggravating factors like injury or excessive blood alcohol levels.
Three Years for Felony DUI
When a DUI incident involves aggravating circumstances that allow charges to be filed as a felony, the DA has three years from the offense date to bring charges. Common factors upgrading a DUI to a felony include:
- Prior felony DUI conviction within 10 years
- Driving with an excessive blood alcohol concentration (0.15% BAC or higher), which consititutes greater penalties under Vehicle Code § 23578
- DUI causing injury
Six Years for Gross Vehicular Manslaughter While Intoxicated
The most serious DUI charge of gross vehicular manslaughter while intoxicated (California Penal Code 191.5(a)) has the longest statute of limitations at six years from the date of the fatal incident. These cases involve a DUI defendant allegedly causing an accident resulting in death through gross negligence.
It’s crucial to note that these statutes of limitation only dictate the final deadline for initiating charges. District attorneys can file charges any time prior to that window closing from the offense date. If the statute of limitations expires before charges are brought, the case may no longer be prosecuted. However, a DUI defense lawyer may be able explore other strategic options if charges seem questionably delayed by prosecutors.
Understanding these statutory time limits is vital for DUI defendants and their legal counsel to properly analyze their situation. Timing can significantly impact the available defense options and strategies.
How a Los Angeles DUI Lawyer Can Help With Statute of Limitations Concerns
If you were investigated for a DUI offense in Los Angeles, having an experienced DUI defense attorney advising you becomes crucial from the outset. Your lawyer protects your rights and interests regarding the prosecutorial timeframes for filing charges.
Analysis of Statute of Limitations
One of the first steps a DUI lawyer takes is carefully analyzing whether the applicable statute of limitations deadline has already passed based on the date of the alleged incident. If the legal timeframe has lapsed, they raise this issue to seek a dismissal and prevent improper charges.
Monitoring for Charges
During the statute of limitations window, your attorney actively monitors the case status and any communications from prosecutors. They ensure you remain informed on whether formal charges may still be pursued.
Strategic Pre-Charging Representation
If charges are still a possibility, a lawyer can proactively take strategic actions during this pre-charging phase, including:
- Investigating and preserving favorable evidence
- Submitting exculpatory information to prosecutors
- Negotiating for reduced charges or diversionary options
- Advising you on smart steps to strengthen your defense
Handling DMV Proceedings
In parallel with monitoring potential criminal charges, your DUI lawyer can represent you through any simultaneous DMV administrative proceedings regarding license suspensions/revocations. Timeliness is key here.
Statute of Limitations Litigation
If prosecutors appear to bring charges after the statutory deadline, your DUI attorney can litigate and argue for a dismissal based on a violation of the statute of limitations and your rights.
With their proficiency in DUI laws and defense tactics, a Los Angeles DUI lawyer can provide advocacy through every stage of this process. Their timely involvement ensures your most strategic trajectory when dealing with potential charges.
Call a DUI Lawyer to Ask How Long the DA Has to File Charges in California
Whenever you are pulled over and arrested for driving under the influence of drugs or alcohol in California, do not wait to retain legal counsel. The sooner you begin working on your defense, the better chances you have of getting potential charges reduced or dismissed.
Call a DUI attorney for help today. You can discuss your case during a free, no-obligation consultation.
