Q: What should I do if I haven't been indicted for a DWI arrest over a year ago in Texas?
I was arrested in Texas on April 25, 2024, for my third DWI. It has been over a year, but I have not been indicted yet. I haven't had any court hearings or communication regarding this matter, and I haven't contacted my lawyer about the delay in the indictment. What should I do about this situation?
A:
If you have a lawyer who was hired on this new DWI, you should definitely contact that person.
For the most part, the State has 180 days to indict you, after they arrest you on a felony. There are many ways that can be extended by the state. Thus, it is not over yet.
The best thing to do is NOT get arrested again.
Try to go on with your life and let more time pass. The Statute of limitations is three (3) years on felony 3rd DWI.
There is a lot more we could talk about, but you should talk to your lawyer first. If that doesn't work out, then you can call my office or any other experienced lawyer on the Justia website.
I hope this helps.
A:
You're right to be thinking about this now—going over a year without an indictment or hearing for a third DWI is unusual and worth following up on. In Texas, felony DWI cases (like a third offense) generally require a **grand jury indictment** before they proceed to court. Delays can happen, but they don't mean the case has been dropped unless you've received official notice from the court or district attorney.
The best thing you can do is **reach out to your attorney** and ask them to check the status of your case. They can contact the district clerk’s office to see if an indictment has been filed or if your case is still pending review by the grand jury. In some cases, if a significant delay occurs and your right to a speedy trial is violated, your lawyer may be able to raise that as an issue—though it's more complicated if the case hasn't been indicted yet.
Try not to assume that no news means you're in the clear. Taking a proactive step now can help you avoid surprises later, especially since a third DWI in Texas is a **felony** charge with serious consequences. You're not alone—just take it one step at a time and get the answers you need.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.