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

Asked over 1 year ago - 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)

  1. James Richard Butler

    Pro

    Contributor Level 12

    10

    Lawyers agree

    Answered . 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... more
  2. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  3. Gene Raymond Beaty

    Contributor Level 15

    7

    Lawyers agree

    Answered . 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.

  4. Richard Timothy Jones

    Contributor Level 17

    4

    Lawyers agree

    Answered . 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.
    www.austincriminaldefenseattorney.com
    512-495-1813
    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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,415 answers this week

2,981 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,415 answers this week

2,981 attorneys answering