Still Not Charged or Arrested for DUI

[JessicaRabbit]

What is the name of your state? FL

My husband had an accident last year that involved 1 vehicle - his. He sent to the hospital, held over night, and was asked to give a blood test. He refused. 5 weeks later his license was suspended. 1 week after that, completely reinstated. 7 months later (from accident)he received a letter saying that the state is requesting medical records. It is now over 15 months since the accident, he has never been arrested or charged with any violation. We hired an attorney, but we are still not clear on the statue of limitations for a "non-arrest" alcohol related accident. Is this normal?

The good part about all of this is that he has been clean and sober since. He is like a new person. Our attorney tells "me" not to worry, but I can't help but do so.

Can someone still be "arrested" for a dui 15 months later when there weren't any injuries to anyone but to the driver and the car that was a total loss?

[seniorjudge]

The GENERAL rule is that a misdemeanor must be filed within 12 months and a felony anywhere from one year to forever.

Has he been convicted of drunk driving before?

Has he been in the state where this happened the whole 15 months? (The statute of limitations usually stops running when you leave the state.)

[JessicaRabbit]

Originally Posted by seniorjudge

The GENERAL rule is that a misdemeanor must be filed within 12 months and a felony anywhere from one year to forever.

Has he been convicted of drunk driving before?

Has he been in the state where this happened the whole 15 months? (The statute of limitations usually stops running when you leave the state.)

Thanks for responding. He was arrested for DUI in 1992, but it was downgraded to a Reckless with minimal fines. His bac was .10

He and I still live in the state and only left to go on vacation.


edited to add:

I do not understand why he wasn't arrested already if they were going to arrest him. It seems like might be possible that they are taking their time bringing it to court if they had already arrested him, but they did not.

Can they come up to him as he is walking down the street or sitting at work/home and arrest him on the spot from that accident?

[JessicaRabbit]

I was wondering if we should notify the state or continue to sit and wait? We really don't want to stir up a hornets nest, but do wonder all the same.

[FlyingRon]

Originally Posted by JessicaRabbit

I do not understand why he wasn't arrested already if they were going to arrest him. It seems like might be possible that they are taking their time bringing it to court if they had already arrested him, but they did not.

Can they come up to him as he is walking down the street or sitting at work/home and arrest him on the spot from that accident?

They're probably backlogged. And the answer to the second half is yes, but they could also just serve a summons on him to appear on the charge.

[charlysmom]

ive been through the same thing,just sit tight and wait it out ,since he is sober ,you dont have to worry about any additional inccidents. by the way were you ever stationrd in alameda ca, if so check the title see if you can guess who

[JessicaRabbit]

Originally Posted by charlysmom

ive been through the same thing,just sit tight and wait it out ,since he is sober ,you dont have to worry about any additional inccidents. by the way were you ever stationrd in alameda ca, if so check the title see if you can guess who

Did you sit tight and wait it out? Were you charged?

No, I have never been to Alameda, CA. Sorry about that. I do know some people who had the name Charlie though.

[JessicaRabbit]

It has been a long time since I was on here. I actually came on for another reason. But to sum up this thread from so long ago...all charges were dropped. It took a little time, but it never went to trial and he was never fined...not even for careless driving. I thought this was interesting only because I never read about such a thing happened to any of the questioners on here.

Thanks

[CavemanLawyer]

The statute of limitations in Florida for misdemeanors is 2 years, except for 2nd degree misdemeanors (ex: tickets.)

[JessicaRabbit]

Originally Posted by CavemanLawyer

The statute of limitations in Florida for misdemeanors is 2 years, except for 2nd degree misdemeanors (ex: tickets.)

.

It was completely thrown out within 18 months, he was never arrested and never fined. He was charged though after 15 months, but as I said, both were thrown out. I believe because they changed the charges and then threw it out because of lack of evidence. It was very surprising. His license was suspended briefly but was quickly reinstated after he refused a blood test. Apparently the hospital blood test wasn't enough.

I am not saying he shouldn't have been fined but am so greatful, some one some where was given a chance to redeem oneself without loosing it all.

[CavemanLawyer]

Sorry I didn't notice that this was a resurrected post from many months ago. I was just responding to seniorjudge's comment.

[JessicaRabbit]

Originally Posted by CavemanLawyer

Sorry I didn't notice that this was a resurrected post from many months ago. I was just responding to seniorjudge's comment.

Sorry, I was the one who resurrected it. I just wanted to share, as best said by Paul Harvey, "the rest of the story".