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legalassistant@wm-attorneys.com 512-369-3737 get directionCan you be charged with DWI months or even years after the incident occurred? It is possible, but a DWI charge in Texas also has time limits for prosecutors to bring certain criminal charges. Always discuss any possible charges with an Austin DWI lawyer right away.
The criminal statute of limitations is a legal time limit that defines the maximum period of time after an alleged offense during which legal proceedings can be initiated. In Texas, the statute of limitations for DWI charges are as follows:
A first-time DWI offense is typically considered a Class B misdemeanor, and these charges must be issued within two years. For repeat offenders or cases involving aggravating factors, such as excessive blood alcohol concentration (BAC) levels, the DWI charge can be a felony, which must be charged in three years.
There are exceptions to this rule. If the DWI incident resulted in a serious injury or death, the statute of limitations may be extended even further. Additionally, if you were charged with a DWI but then fled the state, the statute of limitations may also be extended.
After an arrest, you might be released without a court summons. This does not mean you are in the clear. It means you will have to wait and see whether the prosecutor will file charges before the statute of limitations is up.
However, you do not have to simply sit and wait and do nothing during this time. Always speak with a DWI defense lawyer immediately about potential charges. Your lawyer might need to take immediate action regarding your driver’s license, depending on the circumstances, even if you are not yet charged. This is especially critical if you refused a breathalyzer test at the traffic stop.
Below we’ll explore possible explanations for a delay in DWI charges being filed in Texas:
If you did not receive a citation and court date upon your release from jail, and the prosecutor later issues charges, you can receive a summons in the mail. This is notice that you are required to appear in criminal court to face the charges on a specific date and time. It is extremely important that you do not miss your court date, as doing so can result in a warrant for your arrest.
If you receive a DWI summons, immediately consult a DWI defense lawyer. Never appear in criminal court alone, even at the initial appearance. You always want to have an experienced professional advising you and representing you at every court appearance.
At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, we understand the challenges of DWI cases in Texas. Our firm is committed to providing effective, personalized, and aggressive representation to individuals facing DWI charges—whether they are filed immediately following an arrest or up to two years later. We can immediately begin working to protect your driving privileges, so never wait to call our office.
With our extensive knowledge of Texas DWI laws and our courtroom experience, we will work tirelessly to achieve the best possible outcome for your case. To book a free legal consultation and case review with the Law Office of David D. White, don’t hesitate to reach out now.
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608 West 12th Street, Suite B Austin, TX 78701
legalassistant@wm-attorneys.com 512-369-3737 get direction