What is New Jersey’s Statute of Limitations for DUI?
Posted by Scott Gorman - May 31, 2023

Like most other offenses in New Jersey, driving under the influence (DUI) is subject to a statute of limitations. If the statute of limitations for your case expires and you have not yet been charged, prosecutors cannot take your case to court. In effect, once the statute of limitations expires, you have gotten away with driving under the influence, and you no longer have to worry about hiring an Essex County DUI lawyer to represent you.

New Jersey’s Statute of Limitations for Driving Under the Influence (DUI)

New Jersey’s statute of limitations in DUI cases is 90 days from the date of the offense. This is a strict deadline established by Section 39:5-3(b) of the New Jersey Revised Statutes. If you drive drunk and you don’t get caught for 90 days, you are no longer at risk for prosecution in most cases.

As a practical matter, however, New Jersey’s statute of limitations for DUI cases rarely comes into play. In the vast majority of DUI cases, the police make an arrest on the side of the road and issue a citation that requires the driver to appear in court within the next few days. This initiates the formal judicial process, and it eliminates the possibility of asserting the statute of limitations as a defense.

Fighting a New Jersey DUI Charge When You Can’t Assert the Statute of Limitations

Even if you can’t use the statute of limitations as a defense to your DUI charge, you may still have a variety of other defenses available. There are several ways to fight a DUI in New Jersey, including ways to fight your DUI even if you were clearly driving drunk.

When you hire an experienced Essex County DUI lawyer to represent you, your lawyer will evaluate all of the potential options for resolving your case without a conviction. If avoiding a conviction is unrealistic given the circumstances at hand, your lawyer will instead focus on taking the steps that are necessary to minimize the consequences of your DUI as much as possible.

If the statute of limitations isn’t available as a defense in your DUI case, your lawyer may still be able to assert defenses such as:

  • Your traffic stop or arrest was unconstitutional
  • Your blood alcohol concentration (BAC) reading is invalid or unreliable
  • Your field sobriety test (FST) results are unreliable or the arresting officer administered the FSTs improperly
  • The arresting officer failed to timely read your Miranda rights
  • The prosecution doesn’t have enough admissible evidence to prove your guilt beyond a reasonable doubt

Schedule a Free and Confidential Consultation with Essex County DUI Lawyer Scott Gorman

Are you facing a DUI charge in New Jersey? If so, it is important that you discuss your case with an experienced defense lawyer as soon as possible. To schedule a free and confidential consultation with Essex County DUI lawyer Scott Gorman, call us at 862-250-6201 or tell us how we can reach you online today.

Published in Categories: DUI / DWI