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Statute of Limitations of Felony Aggravated DUI in Arizona

Statute of limitations is a legal term that refers to the amount of time after the beginning of legal action (or commission of a crime) in which a crime can still be prosecuted. In other words, the statute of limitations of a crime determines how long afterwards you can be charged. If a charge is not brought during the time allotted, it may not be prosecuted in the future.

Statutes of limitations are exceeded for a variety of reasons and can vary according to the charge and the jurisdiction.

David Cantor explains the Statute of Limitations for a Felony Aggravated DUI in Arizona:

 

In Arizona, the statute of limitations on a felony DUI is seven years. Again, this means that if the charge is not fully prosecuted in seven years, it is dropped.

What is a felony DUI? Felony DUI, or aggravated DUI, is a charge assigned when the person has already had three DUIs in the last seven years; or has a suspended license when the DUI occurs; or has a child under 15 in the car while driving under the influence.

Any felony is a serious legal charge, including felony DUI. Unlike a normal DUI, a felony aggravated DUI absolutely warrants the counsel of an attorney. A felony aggravated DUI can carry longer and more severe sentences and involve more complicated legal matters.

One instance in which the statute of limitations can be reached (or neared) on a felony aggravated DUI involves the blood work to determine the driver’s BAC, or blood alcohol limit. This blood work can sometimes take a while to be processed. A prosecuting attorney requires this completed blood work to bring a case against the person accused of DUI. If the court date comes and the BAC has not been determined, the case will be dismissed.

However, it is likely that the case will be reopened (or “refilled”) with the blood work is completed, if the BAC is over the legal limit. This can occur at any point within the seven year period.

It is important to remember that the statute of limitations for a Felony Aggravated DUI in Arizona is 7 years. At any time, the prosecutor can reopen the case, meaning a warrant will be issued for your arrest. If you have been charged with felony DUI in Arizona, the DMCantor can offer experienced legal advice for your case. To schedule your Free Case Review, please call us at (602) 560-4004. Our offices are available 24 hours a day by phone or by email.

 

 

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