How Long Does A DUI Case Take In Texas

How Long Can A DUI Case Stay Open In TX

Being arrested for a DWI has serious implications on your life, especially if it leads to a conviction.  Getting housing, full employment, professional licenses, and even a good education can become more challenging with a DWI in your record.  The possibility of facing these consequences can make you anxious as you wait for your court date after a DWI charge.

The problem is that it can take a long time after your arrest before the prosecution files a DWI case against you. Just the charge looming over you like a dark cloud is enough to make you experience the same consequences you would experience after a DWI conviction. A DWI lawyer can let you know how long can a DWI case stay open in Texas.

Why Does Prosecution Take Long To File DWI Case Against You In Texas?

Statute Of Limitations On DWI In Texas

How Long Can A DWI Case Stay OpenAfter the police charge you with an offense, it’s the responsibility of the prosecution to file those charges. But if the prosecutor’s office is backed up, they may prioritize violent cases over your case. Sometimes they may hold off filing because they still haven’t compiled enough evidence just yet.

Prosecutors often want to make sure that they have a chance of winning the case.  But the main reasons why filing a DWI case can take so long include:

  • Since most small counties in Texas lack a direct filing system, it can take a long time for the prosecution to decide whether to accept a case. Some District or County attorneys take almost a year to make this decision.  This happens mostly because of limited resources in most smaller counties.
  • Evidence showing that the suspect had a blood alcohol content at 0.08% or over can go missing. That means that the prosecutor may have to wait until the blood sample is recovered to file the case.
  • Laboratory blood analysis can take weeks before an official report is drafted.
  • DWI cases that involve serious injuries to other persons involved in an accident can take time to prosecute because forensic evidence has to be gathered and lab analysis has to be done. Both processes can take a long time to complete

You will definitely be stressed out as you wait for the DWI charges to be filed. The only advantage of delays caused by missing evidence is that it makes it more likely for the prosecutor not to find enough evidence to file a case against you.

Does The State Take Long To File A DWI Case Against You?

How Long Can A DUI Case Be Continued In Texas

Even if the prosecutor ends up not filing charges against you at your arraignment hearing, you may not be in the clear because the state may be gathering evidence against you. There is a time limit for the prosecutor to file a case against you.  For misdemeanor DWI cases such as a first or second-time DWI, the time limit or statute of limitations is two years.

For felony DWI cases such as an intoxication assault case, the statute of limitations is three years.  Sometimes the prosecutor may decide not to file a case against you but that is only a good thing if the statute of limitations expires.

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