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dui/dwi in florida

Posted on : 05-12-2008 | By : Legal Information | In : Criminal Law, DUI & DWI, Other Legal Topics, Statue of Limitations

1

I wanted to know if there is a statue of limitations for dui/dwi’s in the state of fl. It was a routine stop. There were no injuries  to the driver or anyone else. This happened over 10 yrs. ago.

Answers (1)

So were you pulled over 10 years ago in Florida? Were you given a breathylizer or sobriety test? Was it an accident? Were you charged?

In any case I think that you are ok. A dwi/dui in florida is a criminal offense that can be either a misdemeanor or a felony. You can see the Florida statute states that for most non-capital felonies the statute of limitations is 3 years. I got this from the Florida state website
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/Sec15.HTM

775.15 Time limitations; general time limitations; exceptions.–

(1) A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time.

(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:

(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.

(b) A prosecution for any other felony must be commenced within 3 years after it is committed.

(c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.

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