How Long is the Statute of Limitations for DWI in Texas?

That depends on whether it’s a misdemeanor or a felony. First and Second Offense DWIs in Texas are Class B, and Class A Misdemeanors, respectively. Third Offense DWI (and above) are Felonies.

Chapter 12 of the Texas Code of Criminal Procedure covers all of the limitations periods for prosecution in Texas. 

All misdemeanors in Texas have a 2 year statute of limitations, including DWI. Felony DWIs fall under the “regular” 3 year statute of limitations.
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bill wade reynolds - December 30, 2007 6:02 PM

Is there a statue of limitation for the surcharge texas charges for 1st time dwi. and do i have to pay it even though i live in another state. i have paid all my fines and court cost. and i be dammed if i'm going to pay these greedy bastards anymore.

bill wade reynolds - December 30, 2007 6:03 PM

Is there a statue of limitation for the surcharge texas charges for 1st time dwi. and do i have to pay it even though i live in another state. i have paid all my fines and court cost.

rickey - January 27, 2009 9:20 PM

can i be extradited from california to texas on a felony dwi warrant.

Ashley - May 5, 2009 1:56 PM

If I recieved a dui in Texas March 17 2007, can I still have my license suspended in court on March 13?

Nina Jaquess - September 30, 2009 11:18 AM

How far can they go back and hold old
DWI'S against a person in Texas?

ryan - October 5, 2009 6:59 AM

i was arrested for a dwi 2nd on sep 2006. i hired a lawer for 1500 bucks and all he did was advise me to get restationed in another state and wait for statue of limitations. he told me it was 5 years so im still wating. acording to this web page he is wrong. im sick of living here and want to go back to texas. what should i do

tana slingerland - April 28, 2010 2:03 PM

is their a statue of limitations on 20 year old duis in tx that were not taken care of

tana slingerland - May 23, 2010 9:51 PM

is their a statue of limitations on 20 year old duis in tx that were not taken care of?

Tom - May 23, 2010 11:04 PM

I also have a question similar to tana above, mine is 18 years ago and an attorny friend has told me that this does not applie and that a warrent was probably issues for failure to appear. How can I now reslove this?

Tom - May 23, 2010 11:06 PM

sorry, put the wrong email address down... I also have a question similar to tana above, mine is 18 years ago and an attorny friend has told me that this does not applie and that a warrent was probably issues for failure to appear. How can I now reslove this?

nora - August 19, 2010 2:07 PM

Does this mean the 2 years statute of limitations starts from the time of the ticket? Or, does this mean if my friend is not found guilty within 2 years, that the case is dropped.

Stephen Locke - September 28, 2010 5:58 PM

DWI on Aug 21st. I have yet to be arrained. I can't aford to pay for occupational license. Also will have to take court appointed attorney. On fixed SSDI. Further can my 1976 DWI count against me?

S LOcke

Benny - November 5, 2010 12:53 PM

They can arrest you for a failure to appear warrant in Texas if it's still on the computer. Texas is a little behind the times but is catching up fast. Old cases may have gotten lost in the shuffle. If they never filed the charges and the two year statue time has passed your free and clear. Texas holds a DUI against you for life. I live in Ca. now and the statue here is one year on misdemeanors and three on felonies. After ten years a DUI conviction can not be used against you in Ca.

Benny - November 5, 2010 12:58 PM

If you want to know if you have a warrant in Texas call the county you may have the warrant in and sometimes they will do a check for you. If not call one of the bail bondsmen in that area and tell them you are trying to resolve this issue and may be needing bail. They will be more then happy to run a check for you especially if they think you will be using their services. I know this from personal experience so..........

bert - November 10, 2010 7:07 PM

Can a person still be sentenced if the dwi charge was from 9 years ago? What if they skipped bail and had a warrant out?

Benita - November 28, 2010 9:47 AM

I've been waiting for my trial for almost 3 yrs. I was wondering if I can still be charged after all this time?

chris g. - February 21, 2011 5:09 PM

i was convicted on 3 dwi,within a 25 year period, the first in 88, other in 07 then 09. doesent the statue of limitations cleary state "ten years"? and if so what are my options?

Glen - May 27, 2011 8:43 PM

I had 5 dwis in the 86 did my time but just got another one last weekend will the ones in the 80s count againist me

Damian - June 1, 2011 10:34 AM

My DWI 2nd is past the two year stair time period. However the court date keeps getting reset. Does this extend the stair of limitations time period?

Brian - September 26, 2011 8:41 PM

I got arrested for dwi three years ago i have not had one court date and my license was not suspended. This happened in Texas in Tarrant county. Just wondering if or when i could expect a court date

Rich - January 16, 2012 9:06 PM

2nd DWI in 1997. Appeared in court and pretrial date set. Followed up with attorney in 1999 and no progress made. Does statute of limitation apply and how can I determine status of case?

melinda - November 13, 2012 12:09 AM

How long does a misdemeanor stay on my record

Brandon Gray - May 31, 2013 1:29 PM

I had dwi about ten years ago and paid everything but the surcharge and they want ten grand what can i do

donald lowe - January 28, 2014 5:08 PM

its been over 10 years i think since i got my first and only dwi is there a statue of limitation in texas

OSCAR RODRIGUEZ - May 13, 2014 12:01 PM

i have a dwi case but has been two and a half years goin to 3 can i still be charged or is there a statue of limitation on that im from texas

OSCAR RODRIGUEZ - May 13, 2014 12:01 PM

i have a dwi case but has been two and a half years goin to 3 can i still be charged or is there a statue of limitation on that im from texas

James - October 25, 2014 11:09 AM

I got a dwi in texas In may of 06 how long do I have to wait if I didn't pay the fine they had it reoccurring now it's an extra 3000 how can I get my DL back i live in Oklahoma but in 09 they said I still couldn't get them

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