Is there a statute of limitation for DUI in CA?

I was arrested for a DUI. I did not appear in court but I have no warrant for my arrest. This was 3 1/2yrs ago is there a statue of limitations in CA?

A DUI is a charge that is considered a wobbler. If the crime is a wobbler then that means it can be charged as a felony or a misdemeanor. There are a couple of factors that would allow a district attorney to elevate a misdemeanor DUI to a felony DUI.

Basically, if you have been convicted of a felony DUI in the past 10 years, then a new DUI can be charged as a felony. Or if there is an injury to another person, other than the defendant, then the district attorney might be able to charge that conduct as a felony. Lastly, if the person has three or more prior DUI’s within the last ten years, then that is also a way that the conduct can be charged as a felony.

If a DUI is a misdemeanor then the district attorney has up to a year to file the case. If the case could be charged as a felony, then the district attorney has up to three years to file the case. If it has been more than three years since the date of the incident, and the case has not been filed in court, then the district attorney would have a difficult time filing the case and proceeding with the charges is you had a skill defense attorney.

If you or a loved one is facing this charge, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 888-749-0034. We will be there when you call