Driving under the influence is a serious crime in all 50 states.
Driving Under the Influence (DUI) is considered a crime in all U.S. states. In every state, the per se law stipulates that operating a motor vehicle with a blood alcohol content of .08 percent and higher is a criminal offense. In some states, this threshold is lower than .08 percent. Depending on the severity of the case, the individual could be charged with a misdemeanor or felony DUI. The statue of limitations, which determines the amount of time after the individual is arrested for a DUI that his case can be brought to court, varies depending on whether he has been charged with a misdemeanor or felony and the state in which the crime occurred.
MIsdemeanor DUI
An individual is usually charged with a misdemeanor DUI when he or she has been arrested for driving under the influence for the first time and it did not result in serious physical injury. The charges of a misdemeanor DUI vary by state but usually carry a fine and no jail time.
Felony DUI
An individually could be charged with a felony DUI if the individual caused serious physical injury to himself or others, or serious property damage. A prosecutor may charge the individual with a DUI if he has had several other DUI charges or convictions or was excessively intoxicated at the time of the arrest. The penalty for conviction of a felony DUI could include loss of license and jail time.
MIsdomeanor Statute of Limitations
In most states, the statue of limitations for a misdemeanor DUI is one year to 18 months. This time starts at the time and date law enforcement officers arrest the individual for a DUI.
Felony DUI Statute of Limitations
In most states, the statute of limitations for a felony DUI is at least three years, which begins on the date and time law enforcement officers arrest the individual for a DUI. If a DUI crime resulted in a death, the statute of limitations would increase significantly, and in some cases, there would be no statute of limitations at all.
Statutue of Limitations by State
Each state has its own laws determining the exact statute of limitations for DUI misdemeanors and felonies. To determine the state of limitations in your state, you can contact the clerk of courts in the arresting county. If facing criminal charges for a DUI offense, or if the statute of limitations date is approaching, it is recommended that you contact an attorney for representation and advice on the particular case.
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