A statute of limitations is a Texas law that sets the timeframe for a criminal prosecution to be filed. If the prosecutor brings a complaint against you after the SOL for driving while intoxicated (DWI) has elapsed, the judge will dismiss the case because the prosecutor’s case is time-barred. The purpose of SOL is to protect you, the defendant. Witnesses could no longer be available, and there could be challenges recalling the case facts. If you are arrested for drunk driving and have questions about the SOL, discussing your case with an experienced Fort Worth defense attorney is wise. The lawyer can aggressively fight for your constitutional rights.

An Overview of SOL

The statute of limitations sets forth the maximum time limitations for the prosecution to file criminal charges in a case.

The statute of limitations is essential because it protects the defendant’s privileges. As time lapses, key evidence to prove your innocence could be lost. For instance, witnesses could die, relocate, or forget the case facts after many years.

It can be more challenging to fight criminal charges over time. In other words, statute of limitations laws are in place to ensure the defendant’s fairness. Also, without an SOL, a criminal suspect would have to live constantly with the likelihood of prosecution hanging over his head, which is unfair.

While Texas does not have an SOL that applies especially to driving while intoxicated charges, the state has a catch-all SOL under which DWI offenses fall. According to Article 12.02, the SOL for criminal charges is a two-year jail time. Under Article 12.01(8), the SOL for felony criminal charges carries three years of jail time.

Driving while intoxicated charges can either be a felony or misdemeanor, depending on whether you have a previous DWI conviction and whether any person sustained injuries or died as a result of the DWI. Typically, first-time and second-time DWI convictions are misdemeanors. You will face a felony if:

  • You are charged with a third or fourth DWI.
  • DWI involved a passenger who is a minor, intoxication manslaughter, and intoxication assault.

When Does the SOl Start Running

The SOL starts running from the day you committed the crime. It starts running when the driving while intoxicated crime happens (when the facts of the offense are found).

If, for example, the driving while drunk crime happened on Christmas Day and the crime was a first-time misdemeanor in Texas, at that time, the prosecutor has two years beginning that day to bring the criminal charges.

What Occurs After the Statutory Period Elapses

Once the statutory period elapses without criminal charges, the SOL bars the prosecution from filing the charges.

However, that does not mean the prosecutor cannot pursue a driving while intoxicated charge. The judge will dismiss your DWI criminal charges if the prosecution files the charges that the SOL bars.

Your criminal defense lawyer should understand the SOL, plead it as a legal defense to your DWI charges, and bring a motion to the court to dismiss your criminal charge. The judge can then grant the motion.

Tolling of a Statute of Limitations

Tolling means the clock stops or pauses running for a specific duration.

There are two ways to toll an SOL in Texas:

  • Leaving the state (typically, tolling happens when the accused is a fugitive from justice).
  • The SOL pauses once you are charged (when the prosecutor brings an indictment or information). It stops counting until the DWI charges are dismissed.

How Long Will Your Felony DWI Charge Remain Pending?

After the prosecution files your felony case, the SOL is tolled. It means the prosecutor will be unrestricted by the amount of time through the SOL. However, a few exemptions exist for how long your case can remain pending.

If the indictment cannot be secured within the initial ninety days of the arrest or within the first six months of being on bail, you should be granted a personal recognizance bond. Even with your case pending in court, your liberties are limited before your indictment.

Moreover, the judge can allow a motion for speedy trial dismissal if your case has been pending for a while, depending on why your court case took that long. However, it rarely occurs.

How Expunction Differs from Driving While Intoxicated SOL

If you have already been convicted of DWI, the SOL will not help you. The SOL does not eliminate a conviction from your criminal history; the SOL only bars criminal charges.

Texas law allows expunction (destruction of electronic and paper records of your arrest records). You are eligible for DWI expunction if you were:

  • Acquitted of DWI with which you were charged.
  • Convicted but later found innocent.
  • Charged with the crime, but the case against you was later dismissed, and the SOL to reopen your case has expired.
  • Arrested but never charged, and you meet the corresponding waiting period.

A criminal or arrest record can result in devastating challenges regarding job applications, finding housing, and credit/loan applications. It could also affect your security clearance status or hinder you from obtaining a professional license like law, nursing, or medical license. Expunction wipes the arrest clean, giving you a fresh start. That means you can lawfully answer “no” when asked whether you have a criminal record.

Reasons Why a Prosecutor Could Delay Filing Your Driving While Intoxicated Charges

Prosecutors do not always charge offenses with the initial evidence that gives them a legal and factual right to do so. Typically, prosecutors file criminal charges days after the arrest.

However, they can sometimes delay filing the charges for many reasons. The prosecutor will not advertise the reasons, but your defense attorney can deduce them from the surrounding case circumstances. Common reasons for the prosecutor’s delay include the following:

  • The prosecutor’s time and resources arising from vacations, illness, retirement in the prosecution’s office, time off, or budgetary constraints.
  • Strategic action within the prosecutor’s office, like paying attention to offenses of special local concern like domestic violence crimes or violent crimes.
  • Many drunk driving arrests on weekends, holidays, or enforcement actions need extra personnel and processing, leading to backlogs.
  • Numerous arrests for other offenses in special enforcement operations need extra resources and processing, diverting resources from processing DWI cases.
  • Delays in awaiting lab results from chemical tests due to a delay in submission of specimens, lab issues with testing, shortage in supplies, budget constraints, and a lack of adequate personnel.
  • Mistakes, misplacement, loss of proof, or laboratory mistakes requiring recovery, investigations, and further proceedings to ensure they are available in criminal proceedings.
  • Questions of reliability of witnesses or officers, or other quantity or quality of proof, making the prosecutor doubt whether they can establish the DWI charges beyond a reasonable doubt.
  • Questions over your physical or mental state and capability to face the criminal charges and if you suffered severe injuries and long hospitalizations associated with the event.
  • Questions over the legality of the driving while intoxicated arrest, giving the prosecution reasons to think that the judge will dismiss the case.

What to Do and Avoid While Awaiting Your DWI Charges

Below are steps to increase your chances of obtaining a favorable case outcome.

Hire a Criminal Defense Attorney

Typically, the stakes of a DWI case are high, and your future stability will be on the line. You do not want to handle this alone, particularly if you have no experience or background in the law.

Your lawyer will:

  • Negotiate with the prosecutor to have your criminal charges dropped.
  • Advise you of your constitutional rights at the outset and ensure the rights are protected.
  • Collect and analyze evidence to develop arguments and strategies to beat the criminal charges.
  • Give you advice that results in the most favorable case outcome, including how to speak to law enforcers and how to behave.
  • Keep you informed of the case's development to a degree reasonably essential to allow you to make informed decisions.
  • Argue motions to suppress evidence for violation of your constitutional rights.
  • Challenge field sobriety, blood tests, and breathalyzers.

Your attorney will also stay on top of complicated paperwork and deadlines you could need help handling. Filing this paperwork incorrectly or bringing it in late could ruin your case.

You Should Remain Silent

The Fifth Amendment to the United States Constitution protects you from self-incrimination.

When law enforcers ask questions that could cause you to self-incriminate, it is okay to politely dismiss their requests to answer any questions until your attorney is present. Instead of keeping quiet and resisting acknowledging the police officers, notify them that you are pleading your Fifth Amendment entitlement. While it can feel uncomfortable, it is the right thing to do.

It comes naturally to want to cooperate with the police. Still, it would be best to remember that pre-arrest questions form part of criminal investigations, and your responses could be used against you.

Do Not Obstruct Justice

You commit a crime if you deliberately obstruct or prevent an individual you know is a police officer or another officer acting on behalf of a peace officer from effecting a search, arrest, or transportation by applying force to the law enforcer.

You obstruct justice when you:

  • Lie to the investigators.
  • Bribe.
  • Destroy evidence.
  • Threaten to apply physical force.
  • Evading arrest.

Obstructing justice is a Texas crime with a five-year maximum prison sentence. On the less severe end of the scope are charges like refusing to provide identifying information like your name, birthday, and address. If you go to extreme lengths to hinder justice by committing another crime, your penalties and consequences will increase significantly, depending on the additional criminal conduct.

Why It Is Unwise to Self-Represent

Abraham Lincoln has been attributed with the quote, “A man who represents himself has a fool for a client.” While this quote is harsh, the reality is that there are severe repercussions involved with taking on the legal system without formal training.

While self-representation might appear cost-effective and better, it is a bad idea. Here is why:

You Are Not Experienced

The Texas justice system is complex. Not only do you need to comprehend the nuances of the law, but you should also know how legal experts interpret the law.

When you hire a skilled attorney for your DWI case, you gain access to their wealth of experience. The lawyer will aid you in navigating the justice system and answer your questions.

You do not have the experience to comprehend what is happening in your case. It can be confusing and prevent you from fighting for your rights.

You Have Other Different Responsibilities

Developing defenses takes a lot of time. You should read and understand DWI statutes and find cases identical to yours to see what grounds you can use in your defense. It could cost you several hours a day.

You have other things to think about. Building your criminal case alongside looking after your family or going to school, work, or the hospital can be overwhelming. An attorney will handle your criminal case while you give your daily routine and activities your full attention.

Your Reputation Will Not Precede

Your attorney works vigorously to build their reputation, and they can leverage their reputation and experience to negotiate with the prosecutor to file less severe criminal charges or even drop the charges.

Your reputation will count for nothing when you self-represent as you await the prosecution to file the criminal charges. The prosecution will merely view you as a person convicted of DWI. They will not be threatened due to your lack of expertise in representing criminal cases or your familiarity with the law.

You Could Say Something You Will Regret

Your skilled attorney knows how to argue in a manner that speaks well of your reputation, even if you committed the crime. When self-representing yourself, you could mention something regrettable.

The prosecution team will interrogate you regardless of whether you have legal representation. If you decide to self-represent, pay close attention to the questions they ask and call them on them. If you answer them truthfully, you could say something that makes you appear guilty. The last scenario you want is to say anything that makes it easier for the prosecution to charge you and recommend severe penalties.

How Civil Statute of Limitations Differs from Criminal Statute of Limitations

SOL in Texas varies based on the alleged crime committed and the type of case.

A civil SOL could exceed criminal statutes, and so even when the criminal SOL has expired, a person could still face a civil lawsuit for alleged actions.

Moreover, there is a difference in who brings the lawsuits. The alleged victim or their families (plaintiffs) file the lawsuit. On the other hand, prosecutors file criminal cases.

What to Expect During Your First Meeting with a Criminal Defense Attorney

Lawyers meet potential clients in a first consultation. It is the initial meeting between you and your attorney to assist both of you in agreeing to collaborate in an attorney-client relationship. However, it would be best if you were prepared. Here are some preparation tips to maximize your use of money and time:

  • Please write down the questions you could have to avoid forgetting them. Carry along a notepad for writing down notes, and leave some blank space after every question to fill in your lawyer’s answers.
  • Carry the documents you believe to be relevant to your case. It includes police reports.
  • Create copies of all you plan on sharing with your attorney and hand your attorney copies during the start of your initial consultation. A prudent lawyer does not take original copies of your documents; it is wise to save money and time waiting for the attorney to make copies. So, email or fax the documents to the legal office in advance.
  • To avoid interruptions, turn off all electronic devices before the appointment.

How to Act During Your First Consultation with Your Defense Attorney

Treat your initial meeting as you would a business consultative meeting. When establishing a friendly and professional rapport, you want your attorney to view you as serious and take your case seriously. Here is what to do:

  • Be prompt.
  • Dress professionally — You should wear formally presentable clothes, although it does not need to be a suit.
  • Allow the attorney to talk on your behalf — After describing your case facts, let the attorney focus on the most relevant facts. It will assist your lawyer in understanding the legal implications, which will be paramount to understanding how your case will proceed.
  • Be honest — The lawyer-client privilege protects everything you share with your lawyer during your initial consultation. Do not omit or exaggerate unfavorable facts.

Find a Skilled Driving While Intoxication Criminal Defense Attorney Near Me

If arrested for driving while drunk, SOL can break or make your criminal case. However, the complexity of Texas laws and the associated SOL requires an experienced and knowledgeable legal expert who can navigate the criminal justice system. Fort Worth DWI Defense Lawyer offers strong defense to both DWI felony and misdemeanor allegations. We have a proven track record of obtaining favorable case outcomes for our clients, and we can examine your evidence to determine whether the SOL bars your DWI charge.

Please call us at 817-470-2128 to schedule your initial consultation.