What is the statute of limitations for a DUI/DWI?

I was arrested in 04/08 for DUI/DWI but have never heard from the Court or DA’s office. I refused a breath test. It was a 1 car accident; no other car involved; no one or injured. I had been convicted of a DWI about 9 1/2 years before this arrest. Don’t know if any of this has any effect on the statute of limitations. Also, what is the difference between a DUI and DWI? Do they have different S/L?

Asked on July 26, 2010 under Criminal Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

DUI is driving under the influence and is generally directed at a minor whom the police officer reasonably believed was drinking.  Intoxication is an element of DUI.

DWI is driving while intoxicated and when your BAC is .08 or higher.  Both have civil and criminal repercussions.  A lawyer in your area can explain things to you in a more detailed fashion.

The statute of limitations depends on whether it is classified as a misdemeanor or a felony. First and Second Offense DWIs in Texas are Class B, and Class A Misdemeanors, respectively. Third Offense DWI (and above) are Felonies.  All misdemeanors in Texas have a 2 year statute of limitations, including DWI. Felony DWIs fall under the “regular” 3 year statute of limitations.

Have an attorney look in to the matter for you.

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