Houston, TX asked in DUI / DWI for Texas

Q: I was arrested September 3rd charged with DWI have not been indicted yet. Where do I stand?

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2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: If you have been charged, as indicated in your question, you should have by now received a court date for your announcement. For a misdemeanor DWI, this typically occurs within 4-6 weeks of your arrest.

A misdemeanor DWI would be charged by information, not by indictment. It can take longer to be indicted for a felony DWI. Felony charges can result if your DWI resulted in a serious injury to another person, if you had a child passenger, or if you have multiple prior DWI convictions. Depending on the county, it usually takes 3-6 months for a felony DWI indictment to be made by the grand jury.

If you are in jail 90 days without formal charges being filed against you, you will be entitled to be released on a personal recognizance bond. If you were released on a cash bond, you will be entitled to a PR bond if you have not been charged after 180 days. So most DAs work hard to secure a felony indictment within that period of time.

The DA has two years from the date of the incident to charge you with a misdemeanor DWI and three years to charge you with a felony DWI.

Jim  Butler
Jim Butler pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • DUI & DWI Lawyer
  • Houston, TX
  • Licensed in Texas

A: Was this DWI filed in Harris County, Texas? In Harris County, when you are arrested for suspicion of DWI, the Police Officer gets on his cell phone and calls the DA's (District Attorney's) office, and lays out the facts of the case. The DA then either accepts or rejects the charges. If you were arrested back in September, you should have already had your first court date. An Administrative License Revocation action, would most likely have been filed as well.

As to your question about what will happen, you have not given me enough information to begin to answer that question. Please provide more information about where this occurred, what the fact are, what your record is like, and I can better answer your question.

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