Statute of Limitations for DUI in Arizona

April 8, 2010
By James E. Novak, P.L.L.C. on April 8, 2010 6:59 AM |

The statute of limitations for Arizona DUI does not preclude the State from prosecuting an individual just because "X number of years" has passed since the date of the alleged offense. If you have a question as to whether or not this applies to you, be sure you consult an experienced Arizona DUI Attorney.

The Arizona statute of limitations simply requires the State to file a formal charging instrument against the defendant within a certain time period. In Arizona, the statute is one year for all misdemeanors, at least seven years for felonies, sometimes more.

Therefore, if you are an out-of-state resident and received DUI Arizona arrest you must not ignore it. Many people are visiting Arizona and charged with crimes, including DUI - DWI. If you ignore it because you are in another State it could still catch-up with you down the road. The statute of limitations is "tolled". That is, it stops running until they find you.

If the charge is an Arizona Felony DUI you could be arrested and extradited back to the Arizona. If it is an Arizona misdemeanor DUI a hold can be placed on your license until you resolve the Arizona criminal charge. It may not impact you for years to come. However, you will find it may impact your employment, insurance and your right to drive.

13-107. Time limitations
A. A prosecution for any homicide, any offense that is listed in chapter 14 or 35.1 of this title and that is a class 2 felony, any violent sexual assault pursuant to section 13-1423, any violation of section 13-2308.01, any misuse of public monies or a felony involving falsification of public records or any attempt to commit an offense listed in this subsection may be commenced at any time.
B. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:
1. For a class 2 through a class 6 felony, seven years.
2. For a misdemeanor, one year.
3. For a petty offense, six months.
C. For the purposes of subsection B of this section, a prosecution is commenced when an indictment, information or complaint is filed.
D. The period of limitation does not run during any time when the accused is absent from the state or has no reasonably ascertainable place of abode within the state.
E. The period of limitation does not run for a serious offense as defined in section 13-706 during any time when the identity of the person who commits the offense or offenses is unknown.
F. The time limitation within which a prosecution of a class 6 felony shall commence shall be determined pursuant to subsection B, paragraph 1 of this section, irrespective of whether a court enters a judgment of conviction for or a prosecuting attorney designates the offense as a misdemeanor.
G. If a complaint, indictment or information filed before the period of limitation has expired is dismissed for any reason, a new prosecution may be commenced within six months after the dismissal becomes final even if the period of limitation has expired at the time of the dismissal or will expire within six months of the dismissal

If you have been charged with an Arizona DUI, or Criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Phoenix Criminal and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.