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I had an accident over 90 days ago. I was never arrested, but police told me they were investigating it as a possible dwi?

El Paso, TX |

There were no injuries and I was taken to the hospital for observation. I was released that night. I was returned my vehicle with no problems. I haven't heard anything as of yet. Should I be worried about. I never received any citations or anything.

Attorney Answers 5

  1. I am assuming there was an accident, so the police would have the probable cause they need to initiate their investigation.

    That said, the police would need evidence of you driving while under the influence. Given the facts you relate, the only evidence that you were intoxicated at the time would come from your blood (if a sample was taken), or a breath test, or the officers' observations, including your performance on any so-called Field Sobriety Tests.

    Ask yourself what, if any, testing occurred. Try to remember if you gave statements to the effect you had been drinking, or if any tests were given to you that would have had you stand or walk a certain way. That would be the body of evidence against you.

    I'm not admitted in Texas, and I'm just trying to share some thoughts given the few facts you have related. because this much time has transpired, it looks good for you. The best way to resolve this is to speak with a qualified Texas DUI/DWI attorney who can review all the facts that you can recall about this incident with you. He or she can then better advise you of the possibility that you will be prosecuted for DWI or any other offense.

    Best of luck to you.

    Christopher I. Simser, Sr.
    Anelli Xavier
    Syracuse - Albany - Rochester - Buffalo

  2. Unless they got a breath or blood test out of you, I don't see how you could be prosecuted for a DUI. If they did do a breath or blood test on you, prosecution will obviously depend on the outcome of that test. Speak to a locally experienced DUI attorney about this - they should be able to help. Good luck.

    Jasen Nielsen

  3. Only if the hospital drew blood that night, and only if you had enough alcohol in your system to exceed .08.

    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.

  4. The longer you have not heard anything probably means a case will not be filed against you. If blood was taken from you at the hospital there is a possibility the officer also asked them to draw a vial (search and seizure issue) or the DAs office might subpoena your hospital records to see if you had an alcohol level. At this point there are no answers. To calm your concerns you might visit with a lawyer specializing in DWI defense and discuss all the issues with him or her.

  5. The best thing for you to do is retain an attorney to monitor the situation for you as the State of Texas has potentially up to 3 years or longer to file criminal charges against you. You did not indicate if any other person was injured in the accident or not. That makes a big difference in the type of criminal charges that could potentially be filed against you. Depending on the range of injuries to any third-party, including any passenger in your vehicle, potential charges could include Misdemeanor DWI, Felony Intoxication Assault or Felony Intoxication Manslaughter.

    For accident cases involving intoxication, the law allows the prosecutor's office up to 2 years from the date of the incident to file any misdemeanor level charges "at large." Which means that the criminal charge is filed with the court and your only notice of the charge is when you are arrested on the warrant that accompanied the filing of the criminal charge. If a person was severely injured, the time limit is 3 years and if the person dies as a direct cause of his or her injuries there is no limitation.

    Good luck to you,
    Martin Zimmerman

    Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-7886 Fax: (830) 627-2890 The information contained in and transmitted with this e-mail is: 1) Subject to the Attorney-Client Privilege; 2) Attorney Work Product; or 3) Confidential It is intended only for the individual or entity designated above. Any distribution, copying, use of, or reliance upon the information contained in and transmitted with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify Martin Zimmerman, P.C. by telephone

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