Will my DUI charges be dismissed if not tried in 180 days?

Full question:

i got a DUI 7/5/10 left the police station the night of the 5th with paper work and never heard anything. it's been 135 days since the DUI. If they don't try me in 180 days. are the charges thrown out?

  • Category: Criminal
  • Subcategory: Speedy Trial
  • Date:
  • State: Arizona

Answer:

The right to a speedy trial is guaranteed by the Sixth Amendment of the U.S. Constitution. This means that if you are accused of a crime, you have the right to be tried without unnecessary delay. Each state has its own laws regarding the time limits for bringing a case to trial.

In many states, if you are out of custody, your trial must start within one hundred eighty days from the date of arraignment. If the prosecution fails to meet this deadline, the charges may be dismissed. However, certain delays caused by the defendant or other circumstances may not count against this time limit.

It's important to note that defendants can sometimes waive their right to a speedy trial to prepare a stronger defense. If you are out on bail, this waiver may not negatively impact you.

For specific information regarding your case and the applicable laws, consider consulting a legal professional. Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A police officer cannot unilaterally dismiss a DUI charge. However, they can choose not to file charges if they believe there is insufficient evidence. Once charges are filed, only the prosecutor has the authority to dismiss them, often based on evidence or plea negotiations.