Alcohol & Drugs: DUI, DWI California Felony DUI Statute of Limitations

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johnsonjj

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Does anyone know if there is a statute of limitations of a felony DUI in California? My father had one ten years ago and left the country. It was actually a felony because someone was injured but that was never proven. The case actually never went to court, he took off before hand. Is it gone off of his record for good. Can he come back without being arressted?
 
Does anyone know if there is a statute of limitations of a felony DUI in California? My father had one ten years ago and left the country. It was actually a felony because someone was injured but that was never proven. The case actually never went to court, he took off before hand. Is it gone off of his record for good. Can he come back without being arressted?
If there is a warrant for his arrest, then the SOL is meaningless - warrants are forever (with rare exceptions). Likewise if he fled the jurisdiction, the state can also bring it back up.

He should consul an attorney to arrange his surrender if he wants to come back.

- Carl
 
Do you think he will get jail time?
If convicted of felony DUI (CVC 23153)? Almost assuredly.

Typical penalties include 90 days to 1 year county jail, or time in state prison (unlikely for a first offense), 1 year license suspension/revocation, probation, and mandatory enrollment in a treatment program.

- Carl
 
(Unlikely for a first offense) are you referring to the state prison or jail? Is there a possibility he can go into an eight month live in program if he pays for it himself, pay the court fines, restitution, and do community service? He actually had one misdemeanor DUI before that one about 5-7 years before hand so that one is now 17 years old. He's actually been sober now for ten years, thank God. I have been trying to get information from the courts and can't seem to get very far. I can't even find out if the other party was in fact injured and if the warrant is for a felony or misdemeanor.
 
(Unlikely for a first offense) are you referring to the state prison or jail?
Unlikely he'll go to prison.

Is there a possibility he can go into an eight month live in program if he pays for it himself, pay the court fines, restitution, and do community service?
It's possible ... no way to say. He can hire an attorney who can explore that possibility as part of a plea deal.

He actually had one misdemeanor DUI before that one about 5-7 years before hand so that one is now 17 years old.
Then this one would be a second offense which will mean harsher penalties.

He's actually been sober now for ten years, thank God. I have been trying to get information from the courts and can't seem to get very far. I can't even find out if the other party was in fact injured and if the warrant is for a felony or misdemeanor.
Until he surrenders, he may not know much information. However, if he hires an attorney who can work with him and the DA, they might be able to work out a way to surrender and have minimal jail time.

- Carl
 
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