Legal Question in Criminal Law in Texas

Re: statue of limitation on a dwi

Maybe. It depends upon the disposition of the prior case, and if your lawyer can establish the staleness of the prior case.

Re: statue of limitation on a dwi

Up until 9/1/2005, the answer was no. However, the legislature changed the law and now all prior DWI convictions can possbibly be used against someone depending on the outcome of the case originally. There is case law that excludes certain DWI prosecutions depending on the outcome of the case origianally. You need to contact an attorney who handles DWI cases. Additionally, something that is also different from the first occurance 18 years ago is that you have 15 days from March 13, 2008 to request an ALR hearing to possibly save your license from suspension. You are facing two potential cases, one is the criminal charge which everyone knows about, but the other is a civil sanction that if you do not read the small print on the DIC-24 titled, "Notice of Suspension and Temporary Driving Permit" you will not catch the proess. In other words, you can lose your license for 90 days if you blew over a .08 or for 180 days if you refused to give a speciman. I call this the "damned if you and damned if you don't law." If you do not request a hearing you will definately lose your license, however, you have the right to fight this suspension, but you have to request a hearing. In my opinion if your lawyer doesn't talk about fighting the "Administrative License Revocation (ALR)Hearing," then you need to leave becuase the lawyer you are talking to is not a DWI lawyer. By the way, the ALR does not effect the DWI and vice versa, that is why you are facing two potential cases. Good luck.