Most criminal offenses in Texas have a statute of limitations, including DWIs.
At some point, what is in the past should remain in the past. That is the concept behind the statute of limitations. The statute of limitations prevents prosecutors from filing criminal charges after a specific amount of time has passed. If a crime happened a long time ago, the prosecutor is typically barred from filing charges. The more serious the crime, the longer the statute of limitations is. Below, our Texas criminal defense lawyer explains the statute of limitations for a
The Statute of Limitations for DWI
In Texas, there is no statute of limitations that specifically applies to DWI charges. Instead, the statute of limitations will depend on whether the DWI is classified as a misdemeanor or a felony. These two classifications of offenses both have a catch-all statute of limitations for criminal offenses that do not have their own specific statute of limitations.
The majority of DWIs in Texas are classified as misdemeanors. This applies to first and second DWI charges. The statute of limitations for misdemeanors in Texas is two years. When a DWI is classified as a felony, the statute of limitations is extended to three years. Felony DWIs are those that involve child passengers, intoxication manslaughter, and intoxication assault.
The statute of limitations starts at the time the crime is committed. So, if someone was arrested for their first DWI on New Year’s Eve of 2024, the prosecution would have two years to file criminal charges. Since there is little investigation necessary for a DWI, and the defendant is known to the prosecution, these charges are usually filed fairly quickly. However, there are times when the prosecution delays filing charges.
What Happens if the Statute of Limitations Expires?
The prosecution must only file criminal charges before the statute of limitations expires. The criminal case does not have to be resolved before the statute of limitations has passed. Resolving a case in court typically takes longer than filing charges because the criminal courts in Texas are often backlogged.
If the statute of limitations expires and the prosecutor has not filed charges, they are not able to. If charges are filed after the statute of limitations has passed, it can be used as a defense to the charges.
Our Criminal Defense Lawyer in Texas Can Help With Your Case
There are many defenses to criminal charges, and the statute of limitations is just one of them. At Granger and Mueller, PC, our Texas criminal defense lawyer can advise on the defenses available in your DWI case and will use them effectively to give you the best chance of retaining your freedom and keeping your criminal record clean. Call us today at (512) 474-9999 or fill out our online form to schedule a consultation with one of our experienced attorneys and to learn more about how we can help.