If You Want to Save Your Driver's License, Avoid Jail Time and Begin the Process of Fighting Your DUI, Then Call Us Now at (205) 824-6545 or Send Us an E-mail to Learn the TOP 5 Ways We Can Help You With Your DUI Case.

Is there a Statute of Limitations for DUI in Alabama?

In Alabama as in most other states, citizens cannot be prosecuted for certain crimes beyond a reasonable time following the occurrence of the crime. The purpose of a statute of limitations is to prevent prosecution when a citizen has no real possibility of mounting a valid defense due to evidence being lost or destroyed or memories fading - the State or City has an obligation to proceed within this timeframe or not prosecute at all.

Not all crimes have these limitations, but DUI generally does. If it is a misdemeanor offense, the prosecution has to take action within a year of the alleged crime. The clock stops running if there is a warrant issued or certain other actions are taken.

In most DUI cases, the normal statute of limitations stops when you are arrested because you have been charged with a crime. If, on the other hand, you were operating a vehicle while intoxicated and no DUI charge was made at the time, the clock keeps running and the statute of limitations may apply.

Not being arrested at the time of the actual crime creates many problems for the prosecution. These may include: 1) Did you submit to a breath or other test prior to being placed under arrest?; 2) Has evidence been lost or destroyed?; 3) What are the facts associated with the case" and 4) Why were you not charged at the time of the offense? Many times these issues come up when there was an accident involved with the alleged Alabama DUI Laws violation.

Right to a Speedy Trial in Alabama

Even when the statute of limitations does not apply, you have the right to a trial within a reasonable length of time. Your lawyer can ask that a case be dismissed if they have requested a trial and it was delayed past a certain time. Normal times vary and your lawyer will have to file a motion on your behalf. This will not cover delays requested by your attorney on your behalf. Also, note that the granting of this motion is entirely up to the Judge and this avenue is rarely one that comes up in Alabama.

Other Crimes Alleged at the Same Time as the DUI: Statute of Limitations

Other crimes associated with the DUI may have a longer statute of limitations. If there was property damage or injuries as a result of the infraction, these might be prosecuted in addition to the DUI.

If you think the statute of limitations may apply in your case, make sure you bring the issue up with your DUI Defense Team that you hire for your Alabama DUI Laws Violation. They are in the best position to advise you on current Alabama law and court findings as to these issues.

If you have been charged with a drunk driving laws violation in Alabama, call the experienced and aggressive DUI Defense Team at BirminghamDUIAttorney.com. We help hundreds and hundreds of clients all over the state of Alabama each year with DUI and traffic offenses. Call US TODAY! (866) 347-2889.