D.U.I statue of limitations in Montana

[mchp85]

My son-in-law was convicted of a D.U.I in Wa a few years back and then was pulled over two months ago and refused the breathalizer and was awaiting a plea agreement when he was pulled over and again refused the breathalizer. He had a job starting out of state so he skipped his court date without putting in any plea. He seems to think that if he isn't convicted within one year that the statue of limitations will keep him from being charged with a third. I'm wanting to know if this is true and any details someone may be able to provide around the subject. He also stated that the courts were unaware of his first offense in WA, as far as he could tell. Any information helps. Thank you

 

[Antigone*]

My son-in-law was convicted of a D.U.I in Wa a few years back and then was pulled over two months ago and refused the breathalizer and was awaiting a plea agreement when he was pulled over and again refused the breathalizer. He had a job starting out of state so he skipped his court date without putting in any plea. He seems to think that if he isn't convicted within one year that the statue of limitations will keep him from being charged with a third. I'm wanting to know if this is true and any details someone may be able to provide around the subject. He also stated that the courts were unaware of his first offense in WA, as far as he could tell. Any information helps. Thank you

There is no SOL. These charges will follow him until they catch him or he resolves them.

As a three-time offender and absconder, any jurisdiction that gets a hold of him (and believe me they will because he will most certainly drink and drive again) will most likely handle the business he has there and then inform the other jurisdictions that he is in their custody.

 

[dave33]

My son-in-law was convicted of a D.U.I in Wa a few years back and then was pulled over two months ago and refused the breathalizer and was awaiting a plea agreement when he was pulled over and again refused the breathalizer. He had a job starting out of state so he skipped his court date without putting in any plea. He seems to think that if he isn't convicted within one year that the statue of limitations will keep him from being charged with a third. I'm wanting to know if this is true and any details someone may be able to provide around the subject. He also stated that the courts were unaware of his first offense in WA, as far as he could tell. Any information helps. Thank you

He has a lot of issues. 1st he violated his bail. The fact he was on bail for
a d.u.i. than got another one may call for jail time for just that. The 1 year
time limit that HE set has no relevance anywhere in this situation.

Also, he cannot know what knowledge the d.a. has until court. It could be his
1st d.u.i. was long enough ago that it is not an issue. Than again he could
be getting charged for his 2nd and 3rd offenses.

He should get a lawyer (a good one) and resolve this. This isn't going to
just go away. He may feel like dealing with this will be the same as turning
himself in to go to jail. He may be right. Regardless, time to pay up.