What is the Statute of Limitations in Georgia for a DUI?

The Statute of Limitations for a DUI in Georgia is two years.  However, many people have a misunderstanding of how a statute of limitation applies to their case.

In Georgia, the prosecutor has two years to file the formal charges against someone in a DUI case.  The formal charges are filed on an “accusation.”

Unless filed within two years, the prosecutor cannot proceed against a defendant.   In State of Superior Court, the prosecutor must file a formal accusation.  

In municipal court, probate court, and recorders court, the citations issued by the police officer serves as the accusation.

If you look at the top of every ticket, it says, "Uniform Traffic Citation, Summons, and Accusation."

As a result, as soon as the ticket is filed with the clerk of court, the statute of limitation is met.

The Big Misunderstanding:

People assume that the statute of limitations means that the prosecution of a case must be completed within the two years.  That is incorrect.  Only formal charges have to be filed within two years.  Logically, if the prosecution had to be completed within two years, it would incentivize people to flee the jurisdiction until the statute ran out.

I have been called by individuals with cases that are twenty-five years old, and their case is still pending.  Those persons still had an active warrant for their arrest.

Practice Note:

The statute of limitations in Georgia for a felony offense is four years.  As a result, for felony DUI charges, the statute of limitations is four years.

Examples of DUI-related cases with a four-year statute of limitations include vehicular homicide, serious injury by vehicle, and habitual violator.

The point is that it is unlikely that a person can escape prosecution.  Be smart and hire the Best Georgia DUI Lawyer as soon as possible.  Our Georgia DUI Lawyers are here to help you.