Whitney, TX asked in DUI / DWI for Texas

Q: Do the state of Texas have 180 days to indict you on dwi misdemeanor

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2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • DUI & DWI Lawyer
  • Las Vegas, NV

A: Yes, the state of Texas has 180 days to indict you on a DWI misdemeanor. This means that the prosecutor has 180 days from the date of your arrest to file an indictment with the grand jury. If the prosecutor does not file an indictment within 180 days, your case will be dismissed.

However, there are a few exceptions to this rule. For example, if you are out on bond, the prosecutor has up to one year to file an indictment. Additionally, if the prosecutor can show that there was good cause for the delay, the court may allow the prosecutor to file an indictment after the 180-day deadline has passed.

John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: I respectfully disagree with my colleague. If you are being held in jail, and not released on bond, the DA has 180 days to file formal charges against or you will become entitled to be released on a personal recognizance bond when the 180 days expires. The DA has two years from the date of the offense to file formal charges. Misdemeanor charges are filed using an "information" which does not require the action of a grand jury; felony charges can only be brought by using an "indictment" from a grand jury.

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