DWI, Statute of Limitations and Driver's License Questions
Question: My wife and I were pulled over in August 2005 on a rural road approximately 5 miles from my house by DPS who at the time was going the other direction on a two lane road.
We had been out seeing my wife’s favorite band and it was her night out. He asked me if I know what we were pulled over for and I say no. License plate light out! So no big deal until he shines the light at my wife and says, “What’s wrong with her?”
"She's sleeping,” I say. Well he asks where we have been and I'm truthful, her night out and I'm the designated driver. He proceeds through the get out of the car deal, does the eye test, then the one leg to 30, then walk the line....then the finger count....no problem here.....
He goes and finally wakes up my wife and talks with her. Well she's hammered of course. Then he comes back and arrests me after I refuse the breathalyzer.
Then he arrests her for public intoxication. I convince him to let a friend come get her and the vehicle. He does and takes me to the pokey. Since then my lawyer has sent three letters to the court letting them know when he will be out of town. The court has never sent anything to me at my home or office.
Since it has been two years, can I stroll down to the DPS and get my license or will they snatch me up? I appreciate any input.
Reply: What county is this from? Also, you are saying it has been almost two years from the arrest? The ALR suspension would usually be over well before then. (Unless there are priors, perhaps...do you have any prior DWI arrests? or prior alcohol related license suspensions?)
Follow Up: I had one prior when I was 20 and I was 35 when I got this one. Yes two years since arrest in August. It is in [Anonymous] County. I got my license suspended for not taking the breathalizer.
I haven't done anything since. No license, [rest of sentence deleted]. But if I can go and get it without being harassed I would love to do so.
Reply: Well, the 15 year old DWI can now (unfortunately) be used to enhance your new DWI charge to a DWI 2nd. It used to be the law that after 10 years, new DWI charges would be filed as Class B 'first offense' DWIs. But that's no longer the case.
But ALR (pretrial Driver's License Suspensions arising out of the DWI arrest) only started in 1995, so you shouldn't have any enhanceable alcohol related contacts. If there were prior DWI related license suspensions within the applicable time period, DPS would have sought a 2 year suspension.
I asked because based on your facts, it sounds like DPS probably sought a 180 day license suspension, which would have started either 40 days after the arrest, if you did not request a hearing to contest the suspension. And if you, or your DWI lawyer did request the hearing within the first 15 days of the arrest, certainly the hearing would have happened and the 180 day suspension is probably up. I know that would be the case for an Austin DWI arrest, but I am unfamiliar with practice and docketing in your neck of the woods.
If you got an occupational license during the original ALR refusal 180 day driver's license suspension, and filed it within the 30 day grace period with Texas DPS, then they would have made you pay the $125 reinstatement fee at that time. That would mean your license was no longer suspended.
If you never filed an occupational, or never went to pay DPS the reinstatement fee, then that is still owed, and will be necessary to get your license back.
Sounds like you've got an attorney helping you on the DWI. You probably need to contact him for more specific information.
One last note: Looks like you found my DWI blog by searching for "Statute of limitations" and "DWI Texas". You certainly need to find out from your current DWI attorney whether or not the State has filed a complaint and information officially charging you with the DWI at your local County Clerk's office. If the full 2 years runs without them doing that, you should have a legal defense to being prosecuted for the DWI criminal charge.
I have a $400.00 fine to pay in the maricopa county municipal court for wrong address on my license,and no license plate light. They are for 6yrs ago. My license is suspended due to this. Can these traffic violation be dropped autamaticaly or is thier some statute for this. I am ready to go and pay next week but, don't want to pay that amount. Please respond.
I have a question ok my husband has a charge of intoxication assault for a wreck we had back in 2004. He was drunk and ran into a tree and I was badly hurt and that is why he has that charge. They never arrested him, they just sent him a ticket in the mail saying court date to be set and after that he never received any notice when his court date was. Then recently he got pulled over for no seat belt and was taken in because he had a warrant for the intoxication assault charge but no notice was ever sent to him. Now he has to go to court in november but it has been already three years since the wreck. What do you think they are going to tell him since its been so long and what might be the consequences? please respond.
I have a question ok my husband has a charge of intoxication assault for a wreck we had back in 2004. He was drunk and ran into a tree and I was badly hurt and that is why he has that charge. They never arrested him, they just sent him a ticket in the mail saying court date to be set and after that he never received any notice when his court date was. Then recently he got pulled over for no seat belt and was taken in because he had a warrant for the intoxication assault charge but no notice was ever sent to him. Now he has to go to court in november but it has been already three years since the wreck. What do you think they are going to tell him since its been so long and what might be the consequences? please respond.
I was pulled over in delaware for traffic violations such as driving without a license, no insurance, ficticious tags, and every related charge to the one police encounter. Now it has been at least three years how do either get that back into court or what is the statute of limitation for these offenses as well as the penalty in delaware and can i get a license in another state.
I have a suspended license because of a FTA that happened over 4 years ago. The fine was around $500 but as a full time student, I just don't have that kind of money. Is the statute of limitations over in this case? Can I go get my license reinstated before my old one actually expires???? Or will they try to fine or possibly arrest me?
I was pulled over in delaware traffic violations like no proof of insurence,no regristratoin,ficticious tag.Then pulled over a second time in the same car for improperly working tial&runing lights.And after getting my license back.Imoved to NC got a job and lost it and had to move back to delaware.I had already found a job but would not start until two days after.I had contacted DMV and court to let them know,but then found uot that they had suspended my license for a second time.I diden't want to lose my job so i did what ihad to do and drove and got busted,lost my job and got arrested.It has been a little over eight years since the first one and five for the second.I live in Kentucky now haven't been able to hold a steady job sence.What can i do to get my license back without going back to delaware,and what is the statute of limitations if any