Q: What is the Statute of limitation for DUI in Tennessee?
I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?
A: If the warrant was issued within 1 year of the incident, then it is timely initiated. Your lawyer could make a speedy trial motion, but it might just get you convicted sooner. Talk to your lawyer.
A:
Unfortunately, the answer is likely no. However, there are a few potential ways the length of time may become relevant and result in a resolution of your case. The first question is dependent on whether the case is still in general sessions or in criminal court. If the case is still in general sessions court, if there is an issue with the warrant and supporting affidavit of complaint such as one of the elements of the offense including but not limited to facts sufficient to support that you were driving or in physical control of the vehicle, or the location of the offense to establish it was on a public road or area frequented by the public, your lawyer should file a motion to get the case dismissed then the case cannot go through the grand jury because there would not be a valid charging document within the statute of limitations. However, if your case is already through the grand jury and in criminal court, as the other lawyer mentioned, your lawyer should file a motion to dismiss for violation of your speedy trial rights. At the very least it will assert your right to a speedy trial for your lawyer to follow up with a second motion to dismiss if any other additional delays occur.
Best of luck and I recommend contacting your lawyer to discuss some potential ways to get your case resolved due to the length of delay.
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