Legal - Time limit on registering criminal charges?

Factual Questions
1

Bit of a legal question,

An idiot friend of mine got busted for a DUI… sort of.

In the state of Ohio, one has only to be in the automobile with the keys in the ignition to be hit with a DUI. My pal fell asleep, heavily intoxicated, in just this situation, and an investigating officer found him in this condition.

The officer hit him with an underage consumption and a DUI, and took his license.

However, he wasn’t given a ticket or a citation, and when he called the county office, the files indicate that he was only cited for an underage consumption.

He’s keeping his fingers crossed that he’ll only be charged with the underage consumption - all will be laid on the table at his court date. But there was nothing mentioned concerning the DUI.

When the officer was asked how long the officer would have to file the DUI charge, she said she didn’t think there was a time limit. She also claimed that a filing mix-up may have been caused as a result of our city seeing its first homicide in years on the same night that my buddy got busted.

This somehow strikes me as off base. Of course, considering we can hold suspected terrorists for three years without formally charging them, I wouldn’t be surprised if no limit existed. I would imagine they would have to file something before the court date, but I guess it wouldn’t be too difficult to file another charge later and drag him back into court on another occasion.

Anyone have the Straight Dope on this?

2

What do you mean when you say the officer “hit him” with an underage consumption and a DUI? You follow that by saying he wasn’t given a ticket or a citation, so I’m unlcear what “hit him” means.

3

I see how I was a unclear.

He was taken down to the station, and the arresting officer told him that he was going to be charged with both offenses (that’s what I meant by “hit him” - he was guilty of both, could be charged with both, and the officer said that it was his intent to do so) - but the records, to date, show only the underage consumption.

4

In theory, I suppose he could be charged at any point up to the statute of limitations.

5

OHIO STATUTES
§ 2901.13. Limitation of criminal prosecutions.

(A) (1) Except as provided in division (A)(2) or (3) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:

(a) For a felony, six years;

(b) For a misdemeanor other than a minor misdemeanor, two years;

© For a minor misdemeanor, six months.

6

Money, Flipshod , money. :wink: Thanks to all.