How long before I know if I got away with that little DUI?
Q. I got a DUI in Illinois, I was just wondering if there was a statute of limitations for this and what it is, if any.
A. I understand that you got the DUI. But that doesn’t tell me quite enough, so I’ll try to answer this as best I can. (By the way, even before I answer, you should understand that I don’t condone any driving under the influence. There is too much tragedy surrounding drunk driving. If you’ve had too much to drink, or even think you might have had too much to drink, give your keys to a friend or the bartender, or throw them into the woods, lock yourself in your car, and sleep it off in the back seat. It’s not worth it to take a chance.)
That being said, let me start with a quick explanation, just to clarify. In criminal law, a “statute of limitations” is the statute that lists the amount of time within which the State must charge you with a crime. If you’re not charged in that time, the State usually cannot charge you after the statute lapses, or “expires.” (There are, however, saving provisions and exceptions that might apply.) Usually, every state has different periods of time for different kinds of crime. A motor vehicle offense -- like speeding -- might have a thirty day statute of limitations. If you speed on November 1 and don’t get charged until December 2, the statute of limitations would ordinarily prevent the state from ever charging you with that offense. A crime like burglary might have a two year statute. Murder usually doesn’t have a statute of limitations.
Now, as to your question. Is it safe to assume that you got charged with driving under the influence at the time you were doing so? By that, I mean, were you driving on Friday night and you got stopped by the police on Friday night and charged at that time? That’s usually how it happens and, if that’s the case, there’s no “statute of limitations” issue because they charged you when they caught you.
Were you involved in an accident and were unconscious when the police arrived at the scene? Did they take you to the hospital, draw some blood, and do a blood-alcohol content test? Under those facts, the state would have to bring any charge for driving under the influence within the time required by statute after it receives your blood results. I don’t have the Illinois statutes handy, but you (or preferably your lawyer -- and yes, you should consult one) can check the Illinois statutes to see if the charge was timely. If it’s not, there may be a basis for a dismissal. Of course, there may be exceptions to the statute (especially if you were unconscious or uncooperative), so I wouldn’t hang my hat on that hope just yet.
The other scenario that occurs to me is that you were properly charged, but the matter hasn’t come to trial yet. If that’s the case, you may have a speedy trial issue. However, if the matter has been adjourned several times, and everyone has agreed to the adjournments, then that issue is considered waived.
Your best bet is to take your case to a local attorney with all of the facts and get an opinion from him or her. Your local bar association can recommend someone experienced in the field.
Good luck, and next time, allow me to suggest a cab.
A. I understand that you got the DUI. But that doesn’t tell me quite enough, so I’ll try to answer this as best I can. (By the way, even before I answer, you should understand that I don’t condone any driving under the influence. There is too much tragedy surrounding drunk driving. If you’ve had too much to drink, or even think you might have had too much to drink, give your keys to a friend or the bartender, or throw them into the woods, lock yourself in your car, and sleep it off in the back seat. It’s not worth it to take a chance.)
That being said, let me start with a quick explanation, just to clarify. In criminal law, a “statute of limitations” is the statute that lists the amount of time within which the State must charge you with a crime. If you’re not charged in that time, the State usually cannot charge you after the statute lapses, or “expires.” (There are, however, saving provisions and exceptions that might apply.) Usually, every state has different periods of time for different kinds of crime. A motor vehicle offense -- like speeding -- might have a thirty day statute of limitations. If you speed on November 1 and don’t get charged until December 2, the statute of limitations would ordinarily prevent the state from ever charging you with that offense. A crime like burglary might have a two year statute. Murder usually doesn’t have a statute of limitations.
Now, as to your question. Is it safe to assume that you got charged with driving under the influence at the time you were doing so? By that, I mean, were you driving on Friday night and you got stopped by the police on Friday night and charged at that time? That’s usually how it happens and, if that’s the case, there’s no “statute of limitations” issue because they charged you when they caught you.
Were you involved in an accident and were unconscious when the police arrived at the scene? Did they take you to the hospital, draw some blood, and do a blood-alcohol content test? Under those facts, the state would have to bring any charge for driving under the influence within the time required by statute after it receives your blood results. I don’t have the Illinois statutes handy, but you (or preferably your lawyer -- and yes, you should consult one) can check the Illinois statutes to see if the charge was timely. If it’s not, there may be a basis for a dismissal. Of course, there may be exceptions to the statute (especially if you were unconscious or uncooperative), so I wouldn’t hang my hat on that hope just yet.
The other scenario that occurs to me is that you were properly charged, but the matter hasn’t come to trial yet. If that’s the case, you may have a speedy trial issue. However, if the matter has been adjourned several times, and everyone has agreed to the adjournments, then that issue is considered waived.
Your best bet is to take your case to a local attorney with all of the facts and get an opinion from him or her. Your local bar association can recommend someone experienced in the field.
Good luck, and next time, allow me to suggest a cab.
posted by David Kendall at
12:30 AM
1 Comments:
Your license suspension may not be apparent for a long time, but I have had several clients who moved to another state after their DUI and found their licenses were blocked until they completed a court-ordered DUI Class and pay license reinstatement fees. I developed an online version of the DUI school at www.onlineduiclass.com which has been accepted by several states. It might be an option-they don't go away.
Tom Wilson MA, LCPC
Licensed Counselor
Boise, Idaho
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Anonymous, at 10:34 AM
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