Home > Research Legal Advice > DUI / DWI > Can I be charged with DWI in Texas from an incident in Sept 2012?
Asked 3 months ago - Dallas, TX
FlagI live in Texas, in Sept of 2012 I had accident. On a rainy night my truck went down to a ditch off the freeway, my airbags exploded and I was knocked out unconscious on the floor. I did not hurt anyone but my self and of course the vehicle. Paramedics and police arrived and I was laying in the grass unconscious. I was never arrested nor any tests were given on site. I was transported to the hospital and was released the next day. While at the hospital no police ever showed up and I went home with no problems. 6 months later I get a notice that I have warrant for DWI from that incident. I'm sure the State asked for blood levels, what are my chances?
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Yes. They have two years to file charges? You asked what your chances are. Without knowing more details, all I can say is that your chances of resolving this case are much better with a qualified DWI lawyer.That lawyer will examine the type of blood analysis performed. Hospital enzymatic testing can show a false positive for alcohol where there is traumatic injury to muscle and tissue due to the bodies release of lactate. Also, intravenous ringers solution may have been administered in the ambulance which could effect the accuracy of your results. Hire a Dallas DWI lawyer who is familiar with blood test DWI defense and familiar with these issues. Good luck, and I hope this helped.
That's completely normal procedure. The police department didn't file a case and issue a warrant until your blood labs came back. And our lab is very slow these days. It's impossible to say what your chances are without seeing the blood results and reading the offense report (both of which will be provided to your attorney by the DAs office). You need to hire an attorney experienced in handling DWIs. They are technical cases, and there are many ways to beat them if you know what they're doing. Most of us don't charge for consultations. I would start calling around ASAP to set up a few. Your first deadline may have already expired.
The statute of limitations for a misdemeanor DWI is two years. Someone can be charged at anytime during that period. Someone charged with a DWI needs an experienced DWI attorney such as a member of the National College of DUI Defenders.
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