How long does the DA have to file DUI charges?
In Texas, the statute of limitations for filing DUI charges is typically 2 years. This means that the District Attorney has 2 years from the date of the alleged offense to file charges against the suspect. However, if the suspect leaves the state or the case is under investigation, the statute of limitations may be paused or extended.
It’s always best to check with our qualified DUI Attorneys for more information about specific laws and regulations regarding the statute of limitations for DUI charges in Texas.
Who is the DA (District Attorney)
The District Attorney is a public official who represents the state or government in the prosecution of criminal cases. The DA is responsible for investigating crimes, reviewing evidence, and determining whether to file charges against a suspect.
DAs also handle plea bargaining, present cases in court, and handle appeals of criminal cases. DAs are elected officials in the State of Texas. Each county has an elected DA who is responsible for the prosecution of criminal cases.
Can the DA arrest you three months after the DUI happened in Texas
DA can arrest you three months after a DUI happened if there is sufficient evidence to support the charge. This could include evidence such as a blood alcohol test, witness testimony, or video footage of the incident.
The DA may also be able to arrest you three months after a DUI happened if the statute of limitations has not expired. In Texas, the statute of limitations for a DUI is two years, meaning that the DA has two years from the date of the incident to file charges. If the DA has not filed charges within two years, then the case is considered to be time-barred and the DA cannot arrest you.
However, even if the statute of limitations has expired, the DA may still be able to arrest you three months after a DUI happened if the DA can prove that the delay was due to extraordinary circumstances. For example, if the DA was unable to locate a witness or obtain evidence until after the statute of limitations had expired, then the DA may be able to argue that the delay was due to extraordinary circumstances and thus be able to arrest you three months after the DUI happened.
Factors
The time frame for DUI sentencing in Texas can depend on many factors, such as the court’s schedule, the complexity of the case, and the defendant’s criminal history. Factors such as plea bargains, the defendant’s representation, and the availability of witnesses can also affect the duration of the case. In some cases, it could take longer for the sentencing to occur if the case goes to trial or if the defendant appeals to the conviction.
Statute of Limitations
Below are six examples of when the statute of limitations for DUI charges in Texas may be extended.
- The suspect is out of state: If the suspect is not present in the state of Texas at the time the charges are filed, the statute of limitations may be paused until they return.
- Additional evidence is discovered: If new evidence emerges after the initial arrest, the statute of limitations may be extended to allow the prosecution to file charges based on the new evidence.
- The victim is a minor: In cases involving a minor victim, the statute of limitations may be extended until the victim reaches the age of 18 or until the crime is discovered, whichever is later.
- The suspect is on the run: If the suspect is evading law enforcement, the statute of limitations may be paused until they are apprehended.
- The suspect is in the military: If the suspect is in active military service, the statute of limitations may be paused until they are discharged or return to civilian life.
- The case is under investigation: If the case is still under investigation, the statute of limitations may be extended to allow law enforcement to gather more evidence or interview more witnesses.
It’s important to note that the statute of limitations can be extended in other circumstances as well, and the rules can vary by state. It’s always best to consult with our attorneys at the Texas Criminal Defense Group to understand the specific timelines and potential consequences of a DUI case in Texas.
Arrested for a DUI? Don’t Plea, Call Me!
If you live in Lubbock County, Potter County, Randall County, Dallas County, Denton County, Midland County or Tarrant County, contact our law firm Texas Criminal Defense Group today for a review of your DUI case. We are the DUI Attorneys you want on your side specializing in DUI cases. DUI and DUI punishments are serious, and with that seriousness you need a legal team that will fight for protecting your rights.