You were out for a night of drinking. You had too much, but decided to drive yourself home anyway. You were pulled over and let go by the skin of your teeth. Days go by, maybe even weeks, and you start to breathe a little easier. Then — BAM — there’s a knock on your door, or worse, a warrant shows up in the mail. Suddenly, you’re facing DWI charges for something that happened ages ago, and you’re left wondering: Is this even legal?
The short answer? Yes, unfortunately. Can you be charged with DWI days later? Absolutely. In Texas, law enforcement has up to two years from the date of the offense to file misdemeanor DWI charges against you, and if they’re alleging a felony DWI, that window stretches to three years.
But here’s the good news: a delayed charge doesn’t mean you’re out of options. In fact, these cases often have weaknesses that an experienced DWI attorney can exploit.
If you or a loved one is facing DWI charges in Texas — whether they came immediately or showed up at your door weeks later — you need to get Mark Thiessen on your side. With 140+ Not Guilty verdicts and thousands of dismissals, Mark knows exactly how to dismantle the prosecution’s case and fight for your freedom. Call Thiessen Law Firm today at (713) 864-9000 or contact us online to start building your defense.
How long does the state of Texas have to file DWI charges?
In Texas, the clock for filing DWI charges doesn’t start ticking when you get arrested — it starts from the moment the alleged offense occurred. And depending on what they’re charging you with, law enforcement has a pretty generous window to come after you.
Here’s how the Texas DWI statute of limitations breaks down:
- Misdemeanor DWI: Two years from the date of the offense
- Felony DWI: Three years from the date of the offense
- Intoxication manslaughter: No statute of limitations
Texas law allows officers to charge you with DWI even if you’re under the legal drinking limit, as long as they believe alcohol or drugs impaired your ability to drive. But before you start panicking about police showing up at your door months from now, let’s be clear: delayed DWI charges don’t happen often in Texas.
Why would you be charged with a DWI after the fact?
Let’s be honest: if you’re asking this question, you’re probably in a pretty unusual situation. The truth is, delayed DWI charges are rare in Texas. In most cases, if law enforcement has enough evidence to charge you with DWI, they’re going to arrest you on the spot — not weeks or months later. So, DWI suspects are typically apprehended, accused, and charged in quick order, which means the statute of limitations on DWI in Texas rarely comes into play.
That said, there are a few scenarios where you might face DWI charges after the fact:
- Blood test results took forever: Lab processing can take weeks or even months, especially in busy counties. If your blood was drawn at the scene or at the hospital, they’re waiting for those results before filing charges.
- The officer didn’t have enough evidence at the scene: Maybe you refused a breathalyzer and field sobriety tests, or maybe the officer wasn’t confident they had probable cause for an immediate arrest. So instead, they let you go and spent the next few weeks gathering more evidence.
- They’re reviewing dashcam or body cam footage: Sometimes law enforcement will review footage after the fact to build a stronger case, looking for signs of impairment they might have missed in the moment.
- You left the scene before police arrived: If you were involved in an accident and left before law enforcement showed up, they’ll track you down later once they’ve identified you through witness statements, surveillance footage, or vehicle registration records.
- They’re waiting on witness statements: If other drivers, passengers, or bystanders reported your erratic driving, police may wait until they’ve collected all statements before pressing charges.
Because prosecutors almost always have enough evidence to file charges quickly, delayed DWI accusations are the exception, not the rule. But just because it’s rare doesn’t mean it’s impossible — and if you’re facing delayed charges, there’s a good chance the state’s case has some serious weaknesses.
Learn more: How long does alcohol stay in your system?
Think you’ll be arrested for DWI? Here’s what to do:
If you have a sinking feeling that DWI charges are coming your way — whether it’s been days, weeks, or months since the incident — don’t just sit around waiting for the hammer to drop. There are steps you can take right now to protect yourself and start building your defense, and the sooner you act, the better your chances of beating the charges.
- Don’t talk to the police without a lawyer: If law enforcement contacts you, politely decline to answer questions and tell them you want to speak with an attorney. Anything you say can and will be used against you, so keep your mouth shut and let your lawyer do the talking.
- Hire an experienced DWI attorney immediately: The state is already building their case against you, which means you need someone on your side who knows how to fight a DWI in Texas. An experienced attorney can start investigating the incident, preserving evidence, and identifying weaknesses in the prosecution’s case before charges are even filed.
- Document everything you remember about the incident: Write down every detail you can recall: where you were, what you drank (if anything), who you were with, how you were driving, and what happened during your interaction with law enforcement. These details fade over time, and having a clear record now could be crucial later.
- Preserve any evidence you have: If you have receipts, text messages, photos, or anything else that could support your defense, save it. Don’t delete anything from your phone or social media, even if you think it makes you look bad — your attorney will decide what’s helpful and what’s not.
- Don’t admit guilt to anyone: Not to your friends, not to your family, not on social media, and definitely not to the police. Even casual statements like “I shouldn’t have been driving” can be twisted and used against you in court.
Here’s the reality: knowing how to get a DWI dismissed starts with taking action before charges are even filed. The more time your attorney has to investigate, the better your chances of exposing flaws in the state’s case — whether that’s faulty blood test procedures, unreliable officer testimony, or violations of your rights.
DWI law in Texas is complex and unforgiving, but with the right legal strategy, even cases that seem hopeless can be won. Don’t wait for the charges to come to you. Get ahead of them and start fighting back now.
Delayed DWI charges — FAQ
How long do the police have to charge you with something?
For DWI specifically, the police have two years to charge you with a misdemeanor DWI and three years for a felony DWI. The clock starts ticking from the date of the alleged offense, not from when you were arrested or stopped. Other crimes have different timelines, but DWI cases give the state plenty of time to build their case against you.
Can you be charged with a DWI months later?
Yes, absolutely. As long as the state files charges within the statute of limitations — two years for misdemeanor DWI, three years for felony DWI — they can come after you months or even years later. That said, delayed charges are rare since most DWI suspects are arrested and charged on the spot.
Can you get a DWI after going to the hospital?
Yes, if you were in an accident and taken to the hospital, law enforcement can request a blood draw to test for alcohol or drugs, and those results can be used to charge you with DWI later. Even if you weren’t arrested at the scene, a positive blood test can result in charges being filed weeks or months down the line.
Facing delayed DWI charges? Thiessen Law Firm knows how to dismantle them.
So, can you be charged with DWI days later? Unfortunately, yes. The state of Texas has up to two years for misdemeanor DWI charges and three years for felony charges, which means they can take their sweet time building a case against you.
Just because the state waited to press charges doesn’t mean you’re out of options. In fact, it might mean their case is weaker than they’re letting on. At Thiessen Law Firm, we’ve built our reputation on tearing apart DWI cases that prosecutors thought were slam dunks. With 140+ Not Guilty verdicts and thousands of dismissals, Mark Thiessen knows exactly how to find the holes in the state’s case and fight like hell to get your charges reduced or dismissed entirely.
If you or a loved one is facing DWI charges — whether they came immediately or showed up weeks later — you need to act now. Call Thiessen Law Firm today at (713) 864-9000 or contact us online to start building your defense and take back control of your case.
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