What are my friend’s rights concerning her DWI charges?

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What are my friend’s rights concerning her DWI charges?

A friend of mine was in a car accident due to driving drunk 2 years ago; she was 17 at the time. She refused a breathalyzer when asked to take one by the officer at the scene of the accident. The officer then forced it upon her and told her she had to take the test as they were loading her into an ambulance. The police just decided to contact her about this incident today. What are her rights and can she fight the charges?

Asked on May 8, 2012 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your friend was in an accident where she seemingly was not charged with a crime after two (2) years passage, then there might be some statute of limitations issues pertaining to her where the charge could be dismissed. There is also an issue of the delay prejudicing her defense since the two (2) year period is a substantially long period of time to let a criminal matter go without filing a complaint as to it.

I suggest that your friend consult with a criminal defense attorney about the situation you are writing about as soon as possible and that she not speak to law enforcement about what happened.


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