The Dui Statute Of Limitations California displayed on this page is a reusable formal template crafted by expert attorneys following federal and state guidelines.
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This means that the prosecution has a year from the date of the DUI incident to file charges against the defendant in court. In many cases, the prosecution will not file charges by the ?due date? that is listed on a driver's notice to appear. There may be a number of factors that contribute to a delayed filing.
In California, it is possible to expunge a DUI (Driving Under the Influence) conviction under certain circumstances. Expungement is a legal process that allows you to have your DUI conviction set aside and dismissed.
California uses two different statutes of limitations for DUI charges. The court system must commence DUI charges for a driver within: One year for a misdemeanor DUI charge. Three years for a felony DUI charge.
You cannot remove a DUI from your driving record in California. It will be removed automatically after ten years. A California DUI conviction will stay on your criminal record permanently, but in some cases, a DUI may be expunged from your record.
How to Get Your DUI Charge in California Dismissed Complete Your Probation. Follow All the Requirements. Claim That it was an Unreasonable Traffic Stop. Check for False Sobriety Tests. Prove That they Violated the Breath Test Procedure. Show Suppressed Blood Tests.