The Statute of Limitations on DUIs in Pennsylvania
Whenever someone commits a crime in the state of Pennsylvania, the state's statutes of limitations apply to how long the state has to prosecute the defendant. For those who commits a DUI in Pennsylvania, different state laws can apply. The specific statute of limitations that applies depends on the nature of the DUI and the defendant's past.
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Basis
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DUI crimes in Pennsylvania can be charged as either felonies or misdemeanors depending on various factors. Regardless of the severity of the crime, Pennsylvania drivers can be charged with a DUI whenever their blood alcohol concentration is 0.08 percent or higher. Drivers do not need to exhibit reckless or unsafe driving behavior to be charged with DUI.
Severity
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Statute of limitations impose time limits based on the severity of the crime involved. In general, both misdemeanor and felony DUI offenses have two-year statute of limitations. However, these limits can increase if other crimes are committed during the course of the DUI, such as vehicular homicide.
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Factors
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Pennsylvania DUIs are generally charged as misdemeanors for the first two offenses. However, a second-time DUI offender with a blood-alcohol concentration above 0.16 percent can be charged with a felony DUI and face up to five years in prison. All third or subsequent DUI offenses in Pennsylvania are charged as felonies.
Time Frame
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In general, statutes of limitations begins as soon as every element of the crime is finished. In the case of DUI, this means the statute of limitations starts running as soon as a person with over the legal limit of alcohol in her body drives or operate a motor vehicle.
Complications
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While in general, the statute of limitations for both felonies and misdemeanors limits DUIs to a two-year time frame, complications can arise when other charges are brought. For example, if while driving under the influence of alcohol, the driver kills another person, he can be charged with vehicular manslaughter. Under Pennsylvania law, this crime is subject to a five-year statute of limitations even though it occurred during the course of a DUI.
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References
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