If you’ve been charged with DUI, you expect those charges to go to trial in a timely manner. Under South Carolina law, DUIs are covered under a statute of limitations. This refers to the amount of time in which the state can charge you for violating the law and take you to court. Regardless of how long it’s been since you got behind the wheel when you shouldn’t, your South Carolina DUI defense attorney wants you to understand the process.
The Statute of Limitations Depends on the Severity of the Charges
The statute of limitations for DUIs depends on the severity of the charges you’re facing. For most violations, you’ll either be facing a misdemeanor or a felony DUI charge. Here are the statutes of limitations based on the type of charge you’re facing:
- Misdemeanors: For misdemeanor DUI charges, the state has three years to bring charges against you. Misdemeanor DUIs are the most common and can happen for first or second offenses when no one other than the driver is injured.
- Felonies: For felony DUI charges, the state has five years to bring charges against you. Felony DUI happens if you severely injure someone, kill someone, are driving under the influence with a minor in the vehicle, or you’ve been convicted of several prior DUIs.
Felony DUIs typically receive a longer statute because it gives the state time to build their case thoroughly. If you’re unsure which type of charge you’re facing, speak with your South Carolina DUI defense attorney.
Why the Statute Exists
The statute exists for several reasons. It ensures that charges are brought against parties in a timely manner. It keeps the state from pursuing DUI charges 20 years after you got behind the wheel. But it also serves to give the state enough time to build a case against you while also giving you and your DUI defense attorney time to create a defense.
What Happens if the Statute Runs Its Course?
If the statute of limitations runs its course meaning it’s been more than three years since your misdemeanor DUI or five years since your felony DUI, and charges haven’t been brought against you, the state cannot charge you with a DUI. They’re required by law to bring charges within the statute of limitations’ window. Failure to do so means they effectively waive their right to take you to court.
That’s good news for you since it means the state can’t convict you for the DUI that happened years ago.
Speak With a South Carolina DUI Defense Attorney Sooner Rather Than Later
Ultimately, it’s never too soon to speak with a DUI defense attorney. If you were arrested for a DUI but still haven’t been charged, even if it’s been several years, get legal advice and help now. The sooner you speak with an attorney, the easier it will be to mount a defense.
Look for an attorney who has represented cases like yours in the past. Remember, every DUI is different, and choosing an attorney who has represented clients in similar situations could help you create a stronger defense and ensures that you get the advice you need from day one.
Schedule a Consultation
If you’ve been arrested for driving under the influence in South Carolina, getting legal help as soon as possible is always the right move. At Truslow & Truslow, our team is proud to help drivers facing DUI charges navigate the legal process and mount a defense that works in their best interest. Contact us today to schedule a free consultation and get the advice you need.