The statute of limitations (SOL) refers to the amount of time that the government has in which to bring charges in a criminal case. It can also refer to how long a plaintiff has to file a civil case. The statute of limitations in Colorado for filing a DUI case is 18 months from the date of the offense. The rationale for having a statute of limitations is this…If the government is not prevented from bringing these old charges, it may be difficult for a defendant to present an adequate defense. Witness memories fade. Physical evidence may no longer be available.
After charges have been filed, your failure to appear in court has no effect whatsoever on the SOL. This is the common misconception.
Your speedy trial rights are different than a SOL violation. A speedy trial violation means that the state must bring your case to trial within a specified amount of time from the date of your arraignment, the day you entered a “not guilty” plea or from the date when you last waived your right to speedy trial. If you waive your speedy trial right, it restarts the clock in which the state must bring your case to trial. In Colorado state cases, the speedy trial clock is 6 months. If the government fails to bring your case to trial within this 6 month window, the case must be dismissed.
If you fail to appear in court for any reason, you have effectively if not expressly, waived your right to a speedy trial. The clock will begin running again upon your next court appearance.