If you’re facing a DUI charge in Bellevue—or worried about potential charges from a past incident—the statute of limitations matters. This legal deadline determines how long prosecutors have to file charges against you. Once that window closes, they lose the power to prosecute. But the rules aren’t always straightforward, and exceptions can extend deadlines in ways defendants don’t expect.
Eastside DUI has handled DUI cases involving statute of limitations issues in King County for 15 years. Our attorneys—Roberto Yranela, Matthew Skau, and Robin Tu—understand when time-based defenses apply, when they don’t, and how to use these deadlines strategically. A Bellevue, WA DUI lawyer from our firm can evaluate whether statute of limitations issues affect your case and build your defense accordingly.
Contact us for a free consultation.
Why Choose Eastside DUI For DUI Statute Of Limitations Issues In Bellevue, WA?
We Understand the Deadlines That Matter
Statute of limitations questions seem simple on the surface. The prosecution has a certain amount of time to charge you—end of story. But reality is more complicated. Tolling provisions can pause the clock. Different charges carry different deadlines. Felony DUI has a longer limitations period than misdemeanor DUI. A Bellevue DUI statute of limitations attorney who understands these nuances can identify defenses that less experienced lawyers miss.
Roberto Yranela has practiced DUI defense since 2013. He’s seen cases where statute of limitations issues led to dismissals—and cases where defendants assumed they were safe but weren’t. He graduated from the University of Washington with degrees in political science and psychology before earning his J.D. from Valparaiso University School of Law. That experience means we can assess your situation accurately rather than making assumptions that might not hold up.
Recognized DUI Defense Practice
Super Lawyers has named Roberto Yranela to the Top 40 Under 40 for DUI defense. He’s received the Avvo Client’s Choice award. The National Trial Lawyers included him in their Top 40 Under 40. When you need a DUI attorney in Bellevue who can analyze complex timing issues and use them to your advantage, our track record demonstrates that capability.
Strategic Use of Time-Based Arguments
Even when the statute of limitations hasn’t fully expired, timing issues can affect your case. Delayed prosecution may have caused evidence to disappear or witnesses to forget details. We identify how the passage of time affects the prosecution’s ability to prove their case—and we use those weaknesses effectively.
What Our Clients Say
⭐⭐⭐⭐⭐ “Roberto was amazing throughout the entire process. He communicated clearly, responded quickly, and always made sure I understood what was happening. Thanks to his support, my case was resolved smoothly and better than I expected. He handled everything with professionalism and care. I would definitely recommend him to anyone looking for reliable legal help!” – David Woo
Types Of DUI Statute Of Limitations Cases We Handle In Bellevue
Statute of limitations issues arise in various contexts. Our DUI defense attorneys handle timing-related matters across all DUI case types.
- Delayed charging cases. Sometimes months pass between arrest and formal charges. If prosecutors waited too long, the statute of limitations may bar prosecution entirely. A Bellevue DUI lawyer reviews the timeline from arrest to charging to identify potential time-bar defenses.
- Misdemeanor DUI limitations. Standard DUI charges under RCW 46.61.502 are gross misdemeanors with a two-year statute of limitations. If more than two years have passed since the alleged offense, charges generally cannot be filed.
- Felony DUI limitations. Fourth DUI offenses within ten years or DUIs causing serious bodily injury are felonies with longer limitations periods. The timeline analysis differs significantly from misdemeanor cases.
- Cases involving tolling. Certain circumstances “toll” or pause the statute of limitations—if you left Washington, for example. Understanding when tolling applies prevents false assumptions about expired deadlines. Knowing your rights after arrest helps you understand how these timelines work.
- Hit-and-run DUI cases. When a DUI involves leaving the scene, the statute of limitations may run from when the defendant was identified rather than when the incident occurred. These cases involve complex timing analysis.
- Cases with evidence degradation. Even within the limitations period, delayed prosecution can harm the government’s case. Video footage gets deleted. Witnesses forget. Breath test calibration records become harder to obtain. Challenging breathalyzer results becomes more viable when time has degraded the prosecution’s evidence.
Washington Legal Requirements For DUI Statute Of Limitations
Washington law establishes specific time limits for criminal prosecution, including DUI charges. Understanding these deadlines is essential for evaluating potential defenses.
Under RCW 9A.04.080, gross misdemeanors—including standard DUI offenses—must be charged within two years of the alleged offense. This means prosecutors have a two-year window from the date of your arrest to file formal charges. If they miss that window, the case cannot proceed.
Felony DUI charges carry a three-year statute of limitations. Under Washington law, a fourth DUI within ten years or a DUI causing substantial bodily harm is classified as a felony. The Washington State Legislature has set longer deadlines for these more serious offenses, giving prosecutors additional time to build their cases.
Tolling provisions under RCW 9A.04.090 can extend these deadlines. If you weren’t a resident of Washington or weren’t publicly present in the state, the limitations period may pause during your absence. A DUI lawyer in Bellevue analyzes whether any tolling provisions apply to your situation before assuming the deadline has passed.
The statute of limitations runs from the date of the offense, not the date of arrest. In most DUI cases these are the same day. But in hit-and-run situations or cases where the driver wasn’t immediately identified, the analysis becomes more complicated. A Bellevue DUI attorney examines every relevant date to determine your actual exposure.
How Statute Of Limitations Affects DUI Defense Strategy
A Bellevue DUI statute of limitations lawyer considers these key factors when evaluating time-based defenses:
- Calculating the deadline accurately. The two-year clock starts on the date of the alleged offense. Weekends and holidays don’t extend it. The charge must be filed—not just investigated—within that period. Knowing what to avoid saying during your stop matters because statements you made may be used regardless of how much time passes before charging.
- Identifying tolling issues. Did you leave Washington after the incident? Were you incarcerated on other charges? These circumstances can pause the limitations clock. Our drunk driving defense team investigates potential tolling before concluding that the deadline has passed.
- Challenging late-filed charges. If charges were filed right at the deadline, we scrutinize the filing date and the offense date. Prosecutors sometimes miscalculate. A one-day error in their favor could mean dismissal in yours.
- Using delay as leverage. Even when the statute hasn’t expired, significant delay weakens prosecution cases. Evidence disappears. Witnesses relocate or forget details. Officers who made the arrest may have retired or transferred. We use these realities to challenge the reliability of aging evidence.
- Distinguishing charge types. The limitations period depends on the specific charge. If prosecutors initially filed a misdemeanor but later want to upgrade to a felony, different deadlines apply. Understanding these distinctions prevents assumptions that don’t match legal reality.
- Motion practice for time-barred cases. If the statute of limitations has genuinely expired, we file motions to dismiss. These motions require precise legal argument about dates, tolling, and statutory interpretation. Working with a DUI defense attorney experienced in these arguments maximizes the chance of dismissal when the law supports it.
Contact Eastside DUI
Statute of limitations issues can determine whether your case proceeds or gets dismissed. Our Bellevue DUI statute of limitations lawyers have spent 15 years analyzing timing defenses and using them to protect our clients when the law allows.
We offer free consultations to evaluate whether time-based defenses apply to your situation. DUI defense fees start at $3,500, and we’re transparent about costs and realistic about outcomes from the start.
Time matters in DUI cases—sometimes in your favor. Contact Eastside DUI today to find out where you stand.
