Can 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 defense attorney right away. 

The Criminal Statute of Limitations in Texas

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:

• Misdemeanor DWI = Two years
• Felony DWI = Three years

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 attorney 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. 

Never ignore the matter. Contact a DWI defense attorney after any arrest. 

Why the DA Might Not File DWI Charges Immediately

Below we’ll explore possible explanations for a delay in DWI charges being filed in Texas:

• Gathering Sufficient Evidence: The District Attorney’s office wants to ensure they have a strong case before proceeding with charges. They need to collect and analyze all available evidence, such as blood alcohol concentration (BAC) test results, police reports, and witness statements. This thorough investigation takes time.
• Forensic Analysis: In some cases, the DA’s office may need to send certain pieces of evidence, such as blood samples, to a forensic laboratory for analysis. This process can take weeks or even months, depending on the lab’s workload and resources.
• Prosecutor’s Caseload: DAs handle multiple cases simultaneously, and their workload can be overwhelming. They need adequate time to review the evidence and ensure they have the basis to file lawful charges.

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.

Need an Austin Criminal Defense Attorney? Protect Your Rights and Future

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.