Q: My husband had a DUI from 2001 and they are now trying to get him on it. Is this possible?
He was in court on Sept 11 and it was evacuated and he never heard anymore. They are now trying to charge him with a felony as it was his 3rd one but it was 16 years ago. They are not able to produce the BAC paperwork for court. Is there anyway to get him out of this?
A: A felony OWI charge must be filed within 5 years of the offense. If charges were timely filed, there are still speedy trial requirements that the case be resolved within 1 year + the length of any delay caused by the defendant. If the case has been pending for 15 years, without that delay being due to your husband's actions, then an attorney should be able to get it dismissed.
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