Does a Drunk Driving charge get dismissed after 7 years ?

Despite what many people, even those in law enforcement believe, old charges like this are dismissible in California. But 7 years isn't the rule. 1 year is.

Its actually quite shocking but if a person simply avoids being arrested on a misdemeanor warrant, for more than a year they can file whats called a "Serna Motion." It's based on a court case, People v. Serna (1985) 40 Cal.3d 239. The court held that the state has a duty to arrest someone within a year of a misdemeanor charge or try them in absentia. It isn't the duty of the person to turn himself in.

As long as the person doesn't actively do anything to become a fugitive, like move out of state or not report their address to the DMV, they are eligible for dismissal. The longer amount of time that has gone by, for example 7 years, the greater the likelihood of dismissal. If you think about it, what would happen if he were arrested and brought to trial? Would the witnesses and evidence still even exist? Not trying him for 7 years violates his right to a speedy trial.

The fact is that California is such a huge state that it will never clear its backlog of misdemeanor OR felony warrants. Few people know it, but if they just wait for the state to come get them, they'll eventually get off. For vehicle code violations, this can be pretty inconvenient, though because their license will get suspended.

California just does things differently. Even if you have an active warrant, its got to be worth quite a bit of money, like $20,000 to get arrested, even in a small town. Some states will kick in your door for traffic warrants. Here, you can get pulled over by the police and let go with active warrants.

He might be thinking of the statute of limitations ... which does not apply here!

The statute of limitations applies to the time between the commission of a crime and the perpetrator being charged for the crime. Your buddy was arrested for DUI ... he was charged with the crime! Statute of limitations clock stopped when he was charged!

Your friend probably has an open warrant for his arrest. Any time, any where, the police can arrest him on the open warrant! He will be free of the warrant under two conditions ... the warrant is served and he is arrested, or he dies and is "permanently beyond the jurisdiction of the court"!

There is a couple of other options ... but he should not count on either happening!

The court could rescind the warrant, not likely, but possible! That would basically give him a "get out of jail free" card for this offense.

The governor of the state of California could issue a "blanket pardon" for DUI offenses ... almost as possible as me suddenly growing wings and flying to Tennessee for the winter!

Your friend is still very much "on the hook" for the offense ... old warrants never die!

I was arrested over five years ago (by just a couple months) and was charged with duii in my own driveway. I pleaded not guilty and a trial was scheduled. I did not show up for the trial and have left this behind me for the past five years. What are the chances I could have this dismissed because of the amount of time that has passed?? This happened in Oregon

Nope.

Once a charge is issued, the clock stops and it never goes away.

You don't get rewarded for trying to avoid your responsibilities.