Question 1

How Long Can a DUI Stay Open in Arizona?

Accepted Answer

After you are arrested for a DUI, the prosecutor has 1 year to charge you for a misdemeanor DUI and 7 years to charge you for a felony DUI. This rule comes from Arizona’s statute of limitations. If the prosecutor does not file a case within those timeframes, then the DUI cannot be charged.

Question 2

How Can you Tell if you DUI is a Misdemeanor or a Felony?

Accepted Answer

If you were pulled over for a DUI and received a court date to appear in either a city court or a justice court, then you are facing misdemeanor charges. This is because city and justice courts can only charge misdemeanors. They can’t charge felony DUIs. Also, if you are cited under a misdemeanor DUI statute on the traffic ticket, then you are facing misdemeanor DUI charges.

Question 3

The Statute of Limitations is Paused when the Defendant is Out of State

Accepted Answer

One exception is that the time limits are paused when a defendant is out of state. So if a person commits a felony DUI in Arizona on January 1, 2022, but he then leaves the state the next day, the 7-year time limit to file felony DUI charges will not start until the defendant returns to Arizona. This way a DUI offender cannot avoid prosecution by simply fleeing the state for a period of time and then returning after the statute of limitations has run out.

DUI

Arizona DUI Statute of Limitations : How Long Does it Stay Open?