How long after an incident can someone be charged with DUI?

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How long after an incident can someone be charged with DUI?

My friend had 2-3 beers and ran into a guard rail. He was not tested at the scene or anything. He never got a ticket. It has been 3 months. What is the staute of limitations for issuing a warrant for a DUI. He did not hit anyone or anything except the guard rail.

Asked on April 25, 2012 under Criminal Law, Texas

Answers:

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

Answered 8 years ago | Contributor

Most of the time, a person is immediately arrested on the spot if the officer believes they are intoxicated for the offense of DWI.  The exception tends to be when a defendant is taken to the hospital.  (Law enforcement doesn't really like to put people in custody and then have to babysit them while in the hospital because its sucks up manpower)  Instead, the officer may wait to see what the defendant's hospital blood test results show-- and then file on them a month or two later "at large."  At large means they will issue a warrant for the DWI arrest later.  The officer has a statute of limitations of two years if it was a misdemeanor DWI, and three years if it was a felony DWI. 


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