What Are The Statute Of Limitations For DUI in Colorado?

Statute Of Limitations For DUI In Colorado

In Colorado, the statute of limitations for driving under the influence (DUI) offense specifies the maximum period after an alleged crime during which legal proceedings may be initiated.

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The Statute Of Limitations For DUI In Colorado Depends On Severity Of The Charges

The statute of limitations for a DUI in Colorado depends on the severity of the charge, as DUIs can be categorized as misdemeanors or felonies, each with different implications for how long the state has to prosecute the DUI.

The statute of limitations for DUI in Colorado can range from 18 months to 36 months, depending upon circumstances.

Misdemeanor DUI

For most misdemeanor DUI offenses in Colorado, the statute of limitations is 18 months. This means that if a person is suspected of committing a DUI, the state has 18 months from the date of the alleged offense to file charges against the individual.

This category typically includes first-time DUI offenses and some subsequent offenses, provided there are no aggravating factors that would elevate the charge to a felony level.

Felony DUI

If the DUI offense is charged as a felony, the statute of limitations is extended. In Colorado, the statute of limitations for most felony charges, including felony DUI, is three years. Felony DUI charges could arise in situations where the offender has multiple prior DUI convictions or when the DUI incident resulted in serious bodily injury or death.

Circumstances Affecting the Statute of Limitations

There are certain circumstances that can affect the statute of limitations for a DUI in Colorado, including but not limited to:

1. Tolling of the Statute: The statute of limitations can be paused (or tolled) for various reasons. For instance, if the accused is absent from the state or if there is a pending legal action that directly relates to the incident but is not the actual criminal prosecution, the period may be extended.
2. Nature of the Charge: As noted, the severity of the charge—whether it is a misdemeanor or a felony—can impact the statute of limitations. Additionally, specific factors like the presence of injuries or prior convictions can change the nature of the charges and thus the applicable statute of limitations.
3. Changes in Law: Legislative changes can alter statutes of limitations, though such changes typically do not affect cases retroactively. It is crucial for individuals or their legal representatives to stay informed about the current laws as they apply at the time of the alleged offense.

Importance of Legal Guidance With A Colorado Springs DUI Lawyer

Understanding the statute of limitations is crucial for both defense and prosecution in DUI cases. For the accused, knowing these limits is important for ensuring their rights are protected. For the prosecution, these time limits are critical to ensure that charges are brought in a timely manner.

Call Jeremy Loew Now If Charged With DUI!

If there is any uncertainty about how the statute of limitations applies in a specific DUI case, you need to speak with a Colorado Springs DUI expert who specializes in DUI laws in Colorado. Legal professionals can provide guidance tailored to the specific details of a case, taking into account the nuances of state law and the particulars of the incident.

You need help navigating the complexities of DUI charges in Colorado and we will protect you.