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Florida's Statute of Limitations for DUI

The statute of limitations acts as a time limit in which the case must be commenced after the offense occurs. If the prosecutor attempts to "commence" the prosecution after the statute of limitations has run, then the prosecution is barred.

In these cases, the criminal defense attorney will file a motion to discuss the charges before trial because of the statute of limitations. If the court denies the motion, then the criminal defense attorney can file a "writ of prohibition" in the district court of appeals.

The statute of limitations for a DUI case depends on the way the crime is charged including:

  • A first DUI, is classified as a second-degree misdemeanor for purposes of determining the statute of limitations. The statute of limitations for any second-degree misdemeanor or any noncriminal violation is one (1) year;
  • DUI with Property Damage (or non-serious personal injury) is classified as a first-degree misdemeanor which has a two (2) year statute of limitations;
  • DUI with serious bodily injury is a third-degree felony with a three (3) year statute of limitations;
  • DUI manslaughter under 316.193(3)(c)(3)(a) is a second-degree felony with no time limit for the statute of limitations; or
  • DUI manslaughter and fails to render aid under 316.193(3)(c)(3)(b)(ii) is a first-degree felony with no statute of limitations.

Attorney on the Statute of Limitations for DUI in Florida

If you were arrested for DUI and concerned about how the statute of limitations might impact your case, then contact an experienced criminal defense attorney at the Sammis Law Firm.

Our main office is in downtown Tampa, FL. We have a second office in New Port Richey, FL, directly across from the courthouse at the West Pasco Judicial Center. 

We fight cases throughout the greater Tampa Bay area including Tampa and Plant City in Hillsborough County, New Port Richey and Dade City in Pasco County, Brooksville in Hernando County, Clearwater and St. Petersburg in Pinellas County and Bartow and Winter Haven in Polk County, FL.

Call 813-250-0500.


This article was last updated on Monday, August 20, 2018.