If I was pulled over for a DWI and taken to the hospital but not arrested or given a ticket or any paperwork, could still get in trouble for it?

It happened 2 weeks ago and I went to the court house and found nothing.

Asked on October 13, 2014 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The statute of limitations for a DWI first or second is two years.  For a DWI 3rd, the statue of limitations is three years.  This means that the case can be filed against you at any time during that time frame. 

The decision to file will turn on the facts of your case and what they did at the hospital.  If they did a blood or urine draw, they are probably waiting on the results before they decide whether to charge you or not.  All that you can really do at this point is just to wait and see.  Also look at your county website.  With mandatory e-filing coming on line, more and more counties are offering online access to records.  If so, this will give you an eaier to way to check and see if/when they have filed something on you.


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