Common DUI Questions: Statute of Limitations

Since the DUI is a misdemeanor charge, once you are arrested there is a certain amount of time in which a prosecutor may bring charges against you. In the State of Georgia, if charges are not filed with the Clerk of Court within two years, you can no longer be prosecuted.

However, if the charges ARE filed within this two year window, there is unlimited time with which the prosecutor may bring the case to trial.

Should you choose to file a 'speedy trial demand' with your attorney, the prosecutor has to try your case by the end of the term of court according to the term during which you filed your demand.

In short, in a Common Law Legal System, if you are discovered to have committed a misdemeanor crime 3 years ago, time has actually expired for the prosecution.

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