Reader’s Question:

My cousin has a DUI charge in Albany, Georgia and I wonder how long the prosecution has to file the charges. What would be the statute of limitations in DUI case and is there also a limit for the prosecution to bring the case to trial?

Jasper
Albany, GA

If your cousin’s DUI charge in Albany, Georgia is a first-time DUI offense, this is considered a misdemeanor case. After your cousin’s DUI arrest, the prosecution has two years in which to file charges with the Clerk of Court. If a DUI charge or other charges are not filed with the Clerk of Court in a timely manner, your cousin could not be prosecuted. If the prosecution was able to file the DUI charge or other charges in a timely manner, there would be no limit on the time the prosecution has to bring the case to trial unless your cousin file a speedy trial demand in a timely manner.

Once your cousin properly filed a speedy trial demand, the prosecution should try the DUI case by the end of the term of court following the term during which your cousin filed the demand. Always remember that other nuances to speedy trial demand could exist. If this is gonna be a concern, a good DUI lawyer should be able to advise your cousin on what to do about it.

Tags: DUI, DUI lawyer, DUI trial