There is a statute of limitations to charge a DUI, but once the alleged offense has been charged then it tolls the statute of limitations from applying. Since you were given a court summons to sign and were obviously arrested since you spent time in jail then you have already been charged with the offense and the statute of limitations no longer applies. If you had not been arrested and charged then there would be a set time limit, in which you could be charged but that time limit does not apply to when your case must be disposed of.
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According to the Ohio Code ORC Ann. 2901.13 (2007), § 2901.13. Limitation of criminal prosecutions... a prosecution shall be barred unless it is commenced within the following periods after an offense is committed: For a misdemeanor other than a minor misdemeanor, two years. Since a DUI is a first degree misdemeanor it would fall under the category of a 2 year statute of limitations.
A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation, or other process is issued, whichever occurs first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a warrant, summons, citation, or other process, unless reasonable diligence is exercised to execute the same.
So in your situation the statute of limitations would have tolled when you were arrested if it was a legal arrest.
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I apologize if I was not clear before. You asked me what the statute of limitations for a DUI is and my response was two years from the date of offense. However the statute stops running, or tolls, when a legal arrest has been made. Since you were arrested for this offense the statute of limitations no longer applies. If you did not receive a court date then this may have been a clerical error with the clerk's office but is not related to the statute of limitations. You can tell the DA's office that you never received your court date and they can look in the system and see if it was ever sent out to you. They may be willing to help you since you did not miss a court date through any fault of your own. The state may be unable to prosecute your case at this time or chose not to but legally they can still since you had been arrested.
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I will accept on 01-02-08 after I return from court......and I will accept, but I not sure if I understood your answer because I was never charged so I think the the statue of limitation would be in my favor. You may or may not be interested in the outcome but I will let you know the outcome and accept your answer then.
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