The DUI statute of limitations varies by jurisdiction and offense severity, with a time limit for authorities to file a complaint. It applies to drugs and alcohol, and is set by individual states in the US and provincial laws in Canada. In Ontario, it is six months for a summary offense and longer for an indictable offense.
The DUI statute of limitations establishes a time limit for the state to file a complaint against a person charged with driving while intoxicated (DUI). The time allowed for the authorities to do this varies according to the jurisdiction and the seriousness of the offence. The time limit for a misdemeanor is less than that for a DUI offense.
Prescription is an idea taken from Roman law. The imposition of a time limit on criminal charges is intended to ensure that the matter is dealt with expeditiously. There is little point in pursuing an issue years after the fact where witnesses may have died or forgotten the details of the event. The term starts from the day on which the infringement occurred.
Many people associate a DUI with driving after consuming alcohol, it also applies where a driver has taken drugs before getting behind the wheel. It doesn’t matter if the drugs were prescribed by a doctor or are illegal; if they make the driver unable to drive the vehicle safely, the person can be arrested and the DUI requirement applies.
In the United States, the DUI prescription is set by individual states. The time authorities have to file a complaint varies from 12-18 months for a minor offense up to seven years for a felony. In general, a simple DUI is treated as a misdemeanor. In a situation where the driver with a disability has caused serious injury or death, misdemeanor charges may apply.
Under the Canadian Penal Code, a driver must be able to exercise proper care and control of a motor vehicle. Not doing so is a criminal offence. Provincial and territory laws also govern impaired driving and establish penalties such as fines and license suspensions for people found guilty of a DUI offense. The laws of other countries may be similar.
In
Ontario
If the Crown Attorney treats a charge of impaired driving as a summary offense, the DUI statute of limitations is six months. If the Crown treats the matter as an indictable offence, it can be years before the individual is formally charged with a crime.
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