The statute of limitations for a DWI (Driving While Intoxicated) in Texas is two years from the date of the offense for misdemeanor cases. This means that authorities have a two-year window to file formal charges against an individual.

In this guide, we will explain what the statute of limitations is, detail the specific timeframe for DWI cases in Texas, and outline the legal process involved. If you’re facing a potential DWI charge, it’s important to understand these legal boundaries and know what to do next to ensure your rights are protected.

What Is the Statute of Limitations?

The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. Once this period expires, authorities can no longer file charges or pursue prosecution for that specific offense. This legal concept is designed to ensure timely justice and to prevent the indefinite threat of legal action hanging over an individual.

Statute of Limitations for DWI in Texas

For most misdemeanor cases in Texas, including DWI offenses, the statute of limitations is two years from the date of the offense. This means that the police or prosecutor has a two-year period to file formal charges. If charges are not filed within this timeframe, the case cannot proceed in court.

Here is an overview of what the process looks like, from the alleged offense to charges being filed:

1. Investigation by a Detective: After a DWI offense is alleged, a detective typically conducts an investigation to gather evidence and build a case.
2. File Sent to the Local Prosecutor: Once the investigation is complete, the detective sends the file to the local prosecutor.
3. Prosecutor Files the Charge or Complaint: The prosecutor reviews the file and decides whether to file a formal charge, known as a complaint in misdemeanor cases.
4. Case Assignment: Upon filing, the case is assigned to a court and a specific prosecutor or assistant prosecutor in counties like Tarrant County.
5. Tolling (or Pausing) of the Statute: The two-year clock is paused once the charge is filed, effectively stopping the statute of limitations.

What Are Tolls and Pauses in the Texas DWI Statute of Limitations?

The statute of limitations can be paused, or “tolled,” under certain circumstances. For a DWI case in Texas, the clock on the two-year statute of limitations stops when a formal charge is filed.

“The timeline of two years is ticking until the case is actually filed,” says Graham Norris, founder of Norris Legal Group. “At the point that it’s filed, that’s when you can effectively hit pause on the statute of limitations timeline.”

It is essential to be aware of when the statute of limitations clock starts and stops to ensure proper legal defense and to avoid any procedural issues that could arise from a misunderstanding of these timelines.

How a Knowledgeable Texas DWI Lawyer Can Help You Navigate a DWI Charge

When facing a DWI charge in Texas, it’s not a good strategy to sit around and hope the statute of limitations runs out. Fortunately, you don’t have to face this crisis alone. Here are four ways an experienced Texas DWI lawyer like Graham will help you navigate these crucial legal timeframes:

1. Expert Knowledge of the Law: A specialized DWI attorney understands the intricacies of the statute of limitations and other relevant laws. They can provide accurate and up-to-date legal advice, ensuring you are fully informed about your rights and obligations. This knowledge helps prevent any missteps that could negatively impact your case.
2. Handling Investigations: Navigating the investigation phase can be daunting. An experienced attorney guides you through this process, ensuring that your rights are protected at every step. They can interact with law enforcement and prosecutors on your behalf, helping to prevent any actions that could unfairly influence your case.
3. Reducing Stress and Confusion: Facing a DWI charge is stressful and confusing. An attorney provides clarity and support, helping you understand each step of the process and what to expect next. This support reduces anxiety and allows you to focus on other aspects of your life while your legal matters are being handled professionally.
4. Maximizing Your Defense: With a knowledgeable attorney by your side, you have a better chance of achieving a favorable outcome. They can identify weaknesses in the prosecution’s case, negotiate plea deals, or even get charges reduced or dismissed based on procedural errors related to the statute of limitations. Their expertise ensures that every possible defense strategy is explored and utilized.

Facing a DWI Charge? Don’t Wait – Reach Out to an Experienced Texas DWI Attorney Today

If you’re facing a DWI charge in Texas, time is crucial. The experienced attorneys at Norris Legal Group are here to help you through these complexities with respect and empathy.

At Norris Legal Group, we understand the stress and uncertainty that come with a DWI charge. Our team is dedicated to providing personalized legal support to ensure you receive the best possible defense. We treat every client with dignity and work hard to get the best outcome for your case.

Don’t let a DWI charge turn your life upside down. Contact Norris Legal Group today for a consultation. Our experienced attorneys will guide you through every step of the legal process, fighting to protect your rights and secure the best result for your future.