How Long Can a DUI Stay Open in Arizona?

After you are arrested for a DUI, the prosecutor has 1 year to charge you for a misdemeanor DUI and 7 years to charge you for a felony DUI. This rule comes from Arizona’s statute of limitations. If the prosecutor does not file a case within those timeframes, then the DUI cannot be charged.

How Can you Tell if you DUI is a Misdemeanor or a Felony?

If you were pulled over for a DUI and received a court date to appear in either a city court or a justice court, then you are facing misdemeanor charges. This is because city and justice courts can only charge misdemeanors. They can’t charge felony DUIs. Also, if you are cited under a misdemeanor DUI statute on the traffic ticket, then you are facing misdemeanor DUI charges.

The Statute of Limitations is Paused when the Defendant is Out of State

One exception is that the time limits are paused when a defendant is out of state. So if a person commits a felony DUI in Arizona on January 1, 2022, but he then leaves the state the next day, the 7-year time limit to file felony DUI charges will not start until the defendant returns to Arizona. This way a DUI offender cannot avoid prosecution by simply fleeing the state for a period of time and then returning after the statute of limitations has run out.

DUI Archives - Page 2 of 2 - Salwin Law Group

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DUI

Why Was I Charged or Arrested for a DUI but Not Convicted?

Arizona DUI Statute of Limitations : How Long Does it Stay Open?