Most Georgia DUI charges are misdemeanors. Under O.C.G.A. § 17-3-1(e), the State generally must commence a misdemeanor DUI prosecution within two years after the alleged offense. Prosecution for most Georgia felonies generally must begin within four years under O.C.G.A. § 17-3-1(c).
Those deadlines control when the prosecution must begin. They do not ordinarily require the trial or appeal to be completed within two or four years.
The calculation can be affected by the legal sufficiency of the charging document, its filing date, excluded periods, amendments to the charges, prior dismissals, and other procedural events. For that reason, the fact that two years have passed since an arrest does not, by itself, establish that a DUI charge must be dismissed.
The Short Answer
For most misdemeanor DUI charges in Georgia, the general limitation period is two years after the alleged offense.
For most felony charges, including a felony DUI based on a fourth DUI within ten years, the general limitation period is four years.
A prosecution generally commences when a legally sufficient accusation is filed or an indictment is returned. A legally sufficient and properly filed uniform traffic citation may also serve as an accusation in a court with jurisdiction over the offense.
However, not every citation labeled “DUI” is a valid charging document. In State v. Morris, A26A0641 (Ga. Ct. App. June 25, 2026), the Georgia Court of Appeals held that a vague DUI citation was void because it did not identify the applicable DUI subsection or allege the essential facts required to charge the offense.
The limitation period controls when a valid prosecution begins, not when the trial must be completed.
Tolling rules, excluded periods, amended charges, and prior court filings can change the result.
Georgia’s Two-Year Rule for Misdemeanor DUI Charges
O.C.G.A. § 17-3-1(e) states that prosecution for a misdemeanor must be commenced within two years after the crime was committed.
Most first, second, and third DUI charges in Georgia are misdemeanors, although a third DUI carries the enhanced penalties of a high and aggravated misdemeanor. The general two-year period therefore applies to most DUI prosecutions.
The limitation period ordinarily begins on the date of the alleged offense. In most DUI cases, that is also the date of the traffic stop, collision, citation, or arrest. However, the legally important date is the date of the alleged offense, not simply the date someone remembers being booked into jail.
When Is a Georgia DUI Prosecution “Commenced”?
O.C.G.A. § 16-1-3(14) defines a prosecution as the legal proceedings used to determine a person’s criminal liability. The statute states that prosecution commences with the return of an indictment or the filing of an accusation.
That distinction matters because an arrest and commencement of a valid prosecution are not necessarily the same event.
Arrest
An arrest places a person in custody. An arrest alone does not answer whether a legally sufficient charging document was filed within the applicable limitation period.
Uniform Traffic Citation
Georgia DUI cases frequently begin with a uniform traffic citation. A legally sufficient traffic citation that is properly filed may serve as an accusation in a court that has jurisdiction over the offense.
However, a citation does not automatically become a valid charging document merely because it contains the abbreviation “DUI” or makes a general reference to Georgia’s DUI statute.
In State v. Morris, A26A0641 (Ga. Ct. App. June 25, 2026), the Georgia Court of Appeals considered a citation that described the offense only as “driving under the influence” and referenced O.C.G.A. § 40-6-391(a)(1)-(5) generally. The citation did not identify which subsection applied, did not identify the substance that allegedly impaired the driver, and left the space for additional facts blank.
The Court explained that a charging document must either recite the statutory language containing all the elements of the charged offense or allege facts establishing every essential element.
The citation in Morris did neither. It failed to allege that Morris was under the influence of alcohol and that the alcohol made him less safe to drive—the two essential elements of DUI alcohol less safe under O.C.G.A. § 40-6-391(a)(1).
The Court held that the citation was void and legally insufficient as a charging document. Although the State later filed a detailed accusation, that accusation was filed after the two-year limitation period had expired. The Court therefore affirmed the dismissal of the DUI charge.
Morris means that reviewing a citation requires more than checking whether it was filed on time. The citation must also be legally sufficient. The review should determine:
- Whether the citation identifies the correct statutory subsection.
- Whether it recites the essential statutory elements or alleges facts establishing those elements.
- Whether the citation identifies the alleged impairing substance and the particular method of DUI being charged.
- Whether the legally sufficient citation was properly filed in a court with jurisdiction.
- A vague or void citation does not become a valid charging document simply because it was filed before the two-year deadline.
Accusation
An accusation is a formal charging document commonly used in misdemeanor cases. Filing a legally sufficient accusation generally commences the prosecution.
Indictment
An indictment is a charging document returned by a grand jury and is commonly used in felony cases. The return of a legally sufficient indictment generally commences the prosecution.
Trial
The trial does not ordinarily have to be completed within the statute-of-limitations period. If a valid prosecution was properly commenced within the applicable period, the case may continue through trial and appeal afterward.
Can a Georgia DUI Case Continue for More Than Two Years?
Yes. A misdemeanor DUI case can remain pending for more than two years if a valid prosecution was properly commenced within the applicable limitation period.
For example, if a legally sufficient accusation or qualifying traffic citation was filed before the two-year period expired, the statute of limitations does not automatically require the trial to occur before the second anniversary of the alleged offense.
However, State v. Morris makes clear that a vague or void citation cannot be treated as a valid charging document merely because it was filed within two years. Both the filing date and the legal sufficiency of the charging document must be examined.
This does not mean the State has unlimited time. A defendant may have separate constitutional and statutory speedy-trial rights. Those protections address delay after prosecution has begun and should not be confused with the statute of limitations.
What Is the Limitation Period for a Felony DUI?
O.C.G.A. § 17-3-1(c) generally provides a four-year limitation period for felonies that are not governed by a different statutory period.
A fourth DUI within the applicable ten-year period may be punished as a felony under O.C.G.A. § 40-6-391(c)(4). The general four-year felony limitation period may therefore apply.
A DUI-related collision can also produce separate felony charges, such as serious injury by vehicle or homicide by vehicle. Those are separate criminal offenses, and the limitation period must be analyzed according to the actual charges filed.
Whether a case is governed by a two-year or four-year period depends on the classification of the charged offense, not merely on whether the incident was serious.
What Can Pause or Extend the Limitation Period?
The calendar calculation is not always as simple as adding two years to the incident date.
O.C.G.A. § 17-3-2 excludes certain periods from the limitation calculation. The statute includes periods during which the accused is not usually and publicly a resident of Georgia, as well as periods when the person who committed the crime or the crime itself is unknown.
Those exclusions may be uncommon in an ordinary roadside DUI case, but they can become important in delayed investigations and collision cases where the identity of the driver is disputed.
O.C.G.A. § 17-3-3 also provides a limited six-month extension when a timely indictment is later quashed or a nolle prosequi is entered.
Georgia’s statewide judicial-emergency orders also tolled criminal statutes of limitation during part of the COVID-19 emergency. This can still matter when evaluating older cases arising during that period.
The State may also amend a timely accusation. Whether an amended charge relates back to the original filing can depend on whether the amendment arises from the same conduct or materially broadens the original charge.
However, as State v. Morris demonstrates, the State cannot rely on a void citation as the timely foundation for a later accusation filed after the limitation period has expired.
A reliable calculation therefore requires review of the complete court file and the contents of each charging document, not merely the arrest date shown on a booking record.
The Statute of Limitations Is Not the Same as a Speedy-Trial Demand
The statute of limitations and the right to a speedy trial protect against different types of delay.
The statute of limitations generally controls how long the State has to commence a valid prosecution.
A speedy-trial right concerns how long the State may delay the case after prosecution has commenced. Georgia’s statutory speedy-trial procedure is governed in part by O.C.G.A. § 17-7-170 and contains specific filing, service, court-term, and jury requirements.
A speedy-trial demand does not simply shorten the statute of limitations. It invokes a separate set of protections and deadlines after a valid accusation or indictment has been filed.
What Must Be Reviewed to Calculate the Deadline?
A statute-of-limitations analysis should include:
- The date of the alleged offense.
- The exact language written on each uniform traffic citation.
- The statutory subsection identified on each citation.
- Whether each citation alleges all essential elements or sufficient facts.
- The date the uniform traffic citation was filed with the court.
- The date any accusation was filed.
- The date any indictment was returned.
- The exact offenses and statutory subsections charged.
- Any amended accusations or indictments.
- Any dismissal, nolle prosequi, or order quashing a charge.
- Any period during which a statutory exclusion may apply
- Any judicial-emergency tolling that affects the incident date.
- Any statutory speedy-trial demand and proof of service.
Without those records, it is easy to confuse the age of a case with the expiration of the statute of limitations.
Frequently Asked Questions
Sometimes. Most Georgia DUI charges are misdemeanors, and Georgia law generally requires a valid prosecution to begin within two years after the alleged offense. A legally sufficient and properly filed uniform traffic citation may itself commence the prosecution. Excluded periods, tolling rules, and other procedural events can also change the deadline. If a valid prosecution was properly commenced within the applicable period, the case can continue for more than two years.
No. The statute of limitations generally controls when a valid prosecution must begin, not when the trial must be completed. If prosecution was properly commenced within the applicable period, the trial may take place later. Constitutional and statutory speedy-trial rights are separate protections.
The general limitation period for most Georgia felonies is four years after the alleged offense. A fourth DUI within the applicable ten-year period may be punished as a felony. DUI-related collisions may also produce separate felony charges that must be analyzed individually.
Yes. Georgia law excludes certain periods when calculating the limitation deadline. A timely indictment that is later quashed or nolle prossed may also receive a limited six-month extension. Judicial-emergency orders affected the calculation in some older cases. The charging documents and complete procedural history must be reviewed.
No. The statute of limitations governs how long the State generally has to commence a valid prosecution. Speedy-trial rights address delay after prosecution has begun and operate under separate constitutional and statutory rules.
It can, but not every traffic citation is a valid charging document. A legally sufficient uniform traffic citation may serve as an accusation when it is properly filed in a court with jurisdiction.
In State v. Morris, the Georgia Court of Appeals held that a DUI citation was void because it referenced several possible DUI subsections without identifying the applicable subsection, the impairing substance, or facts establishing the essential elements of DUI less safe. The citation and court record must therefore be reviewed for both timely filing and legal sufficiency.
Have the Court Record Reviewed Before Relying on a Deadline
Do not rely only on the age of the arrest or the date of the last court appearance. A correct analysis requires the traffic citation, accusation or indictment, filing dates, amendments, dismissal orders, and any facts that may create an excluded period.
The exact language of the citation is especially important after the Georgia Court of Appeals’ June 25, 2026 decision in State v. Morris.
Brett Willis Law represents people facing DUI charges throughout Gainesville, Hall County, and North Georgia. If you believe a DUI charge was filed too late, or if a case has remained pending for an unusually long time, contact us for a review of the court record.
This page provides general information and is not a calculation for a particular case. The applicable deadline depends on the charge, the legal sufficiency of the charging documents, filing dates, excluded periods, and complete procedural history. Reading this page does not create an attorney-client relationship.
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