If you’re looking into the statute of limitations in Texas for DWI, you’re probably wondering, “Can’t this all just go away already?!” It’s a thought that almost anyone handling a DWI charge has probably had during the lengthy and frightening criminal justice process, and unfortunately, the answer is almost never yes.
It’s natural to want to move forward with your life, and the statute of limitations exists for a reason, but the statute of limitations is not a fast-lane ticket to freedom for those who have been arrested for DWI.
Although the statute of limitations for DWI in Texas is 2 – 3 years, it almost never comes into play. Mark Thiessen and the Houston DWI attorney at Thiessen Law Firm are here to explain why.
Texas DWI penalties are steep. If you’re facing charges, you need an experienced and aggressive DWI attorney in your corner now. Call Thiessen Law Firm at (713) 864-9000 for winning defense.
How does the statute of limitations in Texas work?
Everyone has questions about the statute of limitations and DWIs in Texas, and we get it; misinformation abounds about statutes of limitations and, despite what you may have seen in movies and TV shows, the statute of limitations isn’t some race against time after which you get off scot-free.
Statutes of limitations are laws that forbid prosecutors from charging someone with a crime that allegedly occurred a certain number of years ago. For instance, the statute of limitations on forgery is 10 years, which means that a prosecutor can’t charge you with forgery if the forged documents in question were created more than 10 years ago.
Some crimes like murder, sexual assault, and human trafficking have no statute of limitations, meaning charges can be brought against you at any time if the prosecutor is able to build a case. In most instances, the statute of limitations is relevant to cases where the prosecution was unable to gather sufficient evidence for their charges within a lengthy period of time. If a charge has actually been brought against you, the only way you can become immune to being charged again is by achieving a dismissal or acquittal in a court of law.
Okay, now that you know how statutes of limitations work in general, you’re likely wondering, is there a statute of limitations on DWI and drunk driving in Texas?
Continue reading: What does acquitted mean?
The statute of limitations in Texas for DWI
The Texas statutes of limitations for DWI are as follows:
- Two years for misdemeanor DWI
- Three years for felony DWI
- There is no statute of limitations for intoxication manslaughter
For more information on intoxication manslaughter penalties, please read our Intoxication Manslaughter FAQ with a Houston intoxication manslaughter lawyer
Although these statutes of limitations do exist, it is extremely rare for statutes of limitations to be invoked in a DWI case. In most cases, the prosecutor considers the state’s evidence as strong enough to warrant pressing charges against DWI suspects. And once a charge is filed, the statute of limitations almost instantly becomes irrelevant.
Although rare, it is not impossible to use the statute of limitations for a DWI case in Texas. For instance, if the state were to lose its evidence, such as video from the arrest or a DWI blood test, they would likely lose most of their basis for filing charges. In that scenario, they would need to recover the evidence within 2 – 3 years, otherwise their chance to file charges will have expired.
Practically speaking, it’s uncommon for this to occur for a DWI. It’s very rare that a warrant for your arrest for DWI is issued, because DWI suspects are typically apprehended, accused and charged in quick order.
FAQ related to DWI charges and your record
What is the lookback period for a DWI in Texas?
Lookback periods, also sometimes referred to as “washout periods,” are the timeframe during which prior DWI offenses are considered when determining penalties for new DWI offenses. Basically, it’s how long they’re going to hold your previous actions against you.
In Texas, there is no lookback period for a DWI, meaning they hold your previous actions against you forever.
This means that if a person has previous DWI offenses in Texas, they will always face heightened DWI offenses on subsequent DWIs, even if the previous offenses occurred decades ago — it also means that a third DWI in Texas is a felony DWI charge, regardless of how long it had been since DWI number two.
How long does a DWI stay on your record in Texas?
Another common misconception is that the statute of limitations renders old Texas DWI convictions meaningless. This is not the case.
While it is now possible to seal your first DWI conviction in Texas after at least two years have passed since you completed the conditions of your conviction, a DWI conviction stays on your record permanently unless specific action is taken to have it removed.
Without a DWI being expunged, your charge remains on your record. Having a criminal record affects travel, job applications and background checks — regardless of how long it’s been since the original conviction.
An important thing to note is that second and third DWI convictions are not eligible for sealing or expungement in Texas.
Continue reading about Texas DWI expungement
Can you be charged with DWI months later in Texas?
To put it simply, because this is a question that we get asked so often, yes, you can be charged with a DWI months after the alleged offense in Texas.
Although it is very rare that you will be arrested for DWI and released before charges are brought, it’s also not uncommon for investigations to take time, especially if there are complexities involved in gathering evidence or if the case requires detailed forensic analysis.
It’s safe to say that you are not out of the woods until the statute of limitations has elapsed — and even then, you can still sometimes be charged with a DWI, so make sure you have the best DWI lawyer you can possibly find ready to represent you.
How long can a DWI case stay open?
Unfortunately, DWI cases can take time — especially when they go to trial. Once your charges are filed, your DWI case will remain open until it’s resolved, which can take anywhere from six months to a few years, even for a simple charge like a DWI first offense in Texas.
So be prepared to wait a while, and make sure you have someone in your corner you can trust, because going through the arduous process of a DWI case without one can be excruciating.
Chances of dismissal of DWI in Texas
Chances of getting your DWI dismissed in Texas will depend on the individual circumstances of your case — and the quality of your Texas DWI lawyer. In general, some factors that contribute to getting cases dismissed include:
- Insufficient evidence. The burden of proof is on the prosecution, if they cannot prove beyond a reasonable doubt that you are guilty of DWI, they cannot convict you.
- Procedural errors. Police make mistakes all the time, but it takes a quality attorney to expose them.
- Junk science. The science behind blood and breath tests is flawed and precarious. If a mistake was made during the collection of your BAC tests, key evidence could be made inadmissible.
- Infringement upon your rights. Whether police didn’t have reasonable suspicion to pull you over or probable cause to arrest you, there is always a chance that the cops infringed upon your rights.
Working with a lawyer who knows how to beat a DWI in Texas is the best way to increase your chances.
Don’t wait — hire trusted defense to protect you from DWI charges in Texas
If you’ve been charged with DWI, the statute of limitations is already useless. In fact, you may have 15 days or even less to save your license.
Don’t stand around and wait for your problems to go away — take action and hire Mark Thiessen to defend your case! The Thiessen Law Firm made their name by taking complex, high-stakes DWI cases and winning them.
Take the right steps toward avoiding a DWI conviction altogether, and hire a skilled attorney. Call us today at (713) 864-9000 or contact us online to ask for a free consultation.
More Helpful Articles by Thiessen Law Firm:
- How Much Does a Houston DWI Lawyer Cost?
- Can You Get a DWI on Prescription Drugs?
- Refusing a Breathalyzer in Texas: Why “Do Not Blow” is Bad Advice
- What Happens After Being Arrested for a DWI
- Can a Breathalyzer Test Be Wrong?
