The statute of limitations refers to the period of time right after the beginning of a legal action in which prosecution can still be made for a crime. In general, the statute of limitations determines how long after the commission of a crime the guilty party can still be charged. If the charge isn’t brought during the time frame of the crime, it cannot by law be prosecuted at all. In Arizona, prosecutors have 7 years before they need to file charges for a Felony DUI/DWI. There are some important qualifications that we’ll explain on this page and in the following video.
Here’s a short video about the statute of limitations for a Felony DUI/DWI in Arizona:
The statute of limitations varies depending on the particular crime that was committed. They can also exceed for a variety of reasons and can change for a few reasons based on the particular jurisdiction.
In the State of Arizona, for instance, the statute of limitations on a felony Aggravated DUI lasts for seven years. In other words, if the charges are not brought against the individual who has committed the Aggravated DUI within seven years and they are not prosecuted at some point during that time frame, the charge can be completely dismissed.
What is a Felony DUI in Arizona?
A felony DUI/DWI is also referred to as an Aggravated DUI. It is a charge that comes as a result of an individual already having three DUI charges within the past seven years; when the individual was driving while under the influence and had a child age 15 or younger as a passenger in the vehicle; or if he or she had a suspended license at the time the offense occurred.
A felony is a very serious legal charge, whether it is a felony DUI or any other type of offense. It differs from a regular DUI because it requires help from a skilled attorney who has experience in defending people from these types of charges. A felony Aggravated DUI carries considerably longer sentences and much more serious penalties and greater fees, which can lead to a great deal of hardship and legal complications.
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One example of a felony DUI/DWI in Arizona not being prosecuted due to the statute of limitations being reached or too recent to be prosecuted is that there must be blood work done to determine the person’s BAC or blood alcohol concentration. This is due to the fact that, on occasion, blood work can take some time to be processed by the State’s crime lab. An attorney that is prosecuting such a case will need the blood work to be complete in order to bring about a case of Aggravated DUI against the individual who has been accused of the crime. If the BAC has not yet been determined by the time of the court date, the case can be dismissed. However, the case can be reopened once the blood work is complete if the BAC is over the legal limit as long as it is done during the seven year time period.
If you have questions regarding the Statute of Limitations for Felony DUI in Arizona, please call or email DM Cantor for a free case review. Our offices are available 24 hours a day at (602) 737-2812.