I get a lot of questions about the “77 Day Rule” from folks charged with a DUI. This mysterious rule that is rumored to exist inspires people to hope that a drunk driving charge will simply disappear, and they can move on with their lives. The truth is that I still field questions about this archaic rule from practicing lawyers.
The 77 Day Rule does exist, but it does not help win DUI cases. To the contrary, it is used as a weapon to hurt a person’s ability to defend a drunk driving case.