Skip to main content

Can I be charged with DWI in Texas from an incident in Sept 2012?

Dallas, TX |

I 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?

Attorney Answers 4


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.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

Mark as helpful

7 lawyers agree


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.

James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. Pardon my typing and or grammar,I am sending from my i-phone.I only represent people accused of DWI in Texas. My answer is based upon the limited amount of information supplied in your question. The answers I give on this site are intended for general educational purposes only. If you already have an attorney, I always suggest that you consult with that attorney first.

Mark as helpful

10 lawyers agree


The question is whether you were driving and, if so, if you were intoxicated. The first should be easy for the State, so a defense depends on the validity of the blood test.

Mark as helpful

7 lawyers agree


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.
Austin Jail Release and Bond Assistance
Austin DWI Lawyer

My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,

Mark as helpful

4 lawyers agree

DUI topics

Recommended articles about DUI

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics