Statute of limitations for DUI in California

4 min read

Published October 20, 2025 • Updated April 23, 2026 • By DocketMath Team

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This article is for informational purposes only and does not constitute legal advice. Laws change frequently — verify all citations with current official sources.

Rule or statute summary

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In California, the time limit to file or bring most DUI cases is generally governed by a 2-year statute of limitations (SOL) for the most common, non-capital scenario described in the provided jurisdiction data. Importantly, the brief provided does not identify a DUI-specific carveout. So this article clearly treats the 2-year period as the general/default rule (not a DUI-only rule).

DocketMath’s statute-of-limitations calculator uses that general 2-year period to estimate a conceptual “latest filing date” to help you compare relevant case dates. In real DUI proceedings, deadlines can turn on procedural history (for example: which document was filed first, whether an “information” was later amended, and what tolling arguments—if any—may apply). This tool output is therefore best used as a timing reference, not a definitive legal determination.

Practical framing (what the 2-year SOL means):

If the prosecution attempts to proceed after the applicable limitations window has expired, a defendant may be able to raise a limitations objection (this is fact- and procedure-dependent).
The “clock” conceptually starts from the relevant triggering date used under the applicable limitations framework. That said, the exact trigger and how it’s applied can vary based on how a case is initiated and what filings occur.

Note: This article describes the general/default statute of limitations period shown in the supplied jurisdiction data. It does not confirm a DUI-specific sub-rule beyond that general rule, and it does not account for every possible tolling or procedural timing event that can affect a real case.

For DUI in California under the general rule provided:

Default SOL period: 2 years
General statute cited for this rule: California Code of Civil Procedure (CCP) § 335.1

Citations

The governing general rule used here is:

CCP § 335.1 — 2-year limitations period (general/default SOL period provided in jurisdiction data)

Jurisdiction data source aligning with this framing:

AllLaw / Nolo-style reference summary indicating 2 years and identifying CCP § 335.1:
https://www.alllaw.com/articles/nolo/personal-injury/laws-california.html

Because DUI cases can involve multiple procedural filings and case-management steps, a limitations question in practice often depends on case-specific dates and whether tolling/exceptions are asserted.

Use the calculator

Use DocketMath’s statute-of-limitations tool to translate the 2-year rule into an estimated deadline.

Open the tool: /tools/statute-of-limitations

Run the Statute Of Limitations calculation in DocketMath, then save the output so it can be audited later: Open the calculator.

Inputs to use (and why they matter)

DocketMath will typically ask for dates used to estimate the deadline, such as:

Event date (commonly the date of the alleged DUI conduct)
- This anchors the calculation to when the alleged conduct occurred.
Filing date (when the operative charging document was filed/used for the case)
- This is the date you compare against the tool’s estimated “latest allowable” date.
Optional tolling fields (if provided)
- If the tool supports tolling/exceptions, these can shift the estimated end date based on the facts you enter.

How the output changes

With the general/default 2-year SOL (CCP § 335.1):

If the filing date is on or before the calculator’s estimated end date, the case is generally modeled as falling within the limitations period under this simple general-period approach.
If the filing date is after the estimated end date, the case may be outside the modeled limitations window—subject to tolling and procedural nuances not fully captured by a single-period calculator.

Quick illustration (conceptual, not legal advice)

If the alleged conduct occurred on January 15, 2024, then under a straightforward 2-year general model, the baseline “end” concept would fall around January 15, 2026 (calendar handling can vary depending on how the calculator implements day-count rules).

Then compare:

Filing date ≤ estimated end date → within the modeled 2-year window
Filing date > estimated end date → potentially outside the modeled window

Warning: Even with correct inputs, a calculator using only a single general period (like the 2-year rule tied to CCP § 335.1) may not reflect tolling, waivers, or procedural nuances specific to a particular DUI case. Treat the result as a timing reference, not a guarantee of the case outcome.