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.

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William Warhurst - September 19, 2007 2:56 PM

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.

melissa - October 19, 2007 3:20 PM

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.

melissa - October 19, 2007 3:24 PM

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.

kenneth collins - March 12, 2008 8:58 PM

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.

Natalie Riola - June 2, 2008 3:24 PM

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?

Ralph Rhodes - July 24, 2008 4:58 PM

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

Tim - December 5, 2008 4:41 PM

I received a DWI in 2004. I have $3000.00 in surcharges that have not been paid. Is there a statute of limitation to when i can get my license back after a certain time, or am i stuck with the surcharges. If i had an extra $3000.00 I would just pay them. But with my situation I can't afford to do so. Any info on this would be appreciated.

Kevin Farese - March 11, 2009 12:52 PM

Was arrested July28,2007 on DWI/DUI in San Antonio,Bexar County,Tx.The officer lied on his report.Was a little confused if you ask me.Said I was polite and beligerent,(misspelled).Lied about the time on the leg up test.Had my B-Day correct on one form and wrong on another.Didn't write down information on the car I was driving.Called my girlfriend at home around 2am,after I was in jail, to ask her the year,make,model and license plate.Unfortunately,she gave him that info.Took the breath machine test,and they say I was over the limit.They didn't test me for almost 2 hours after being stooped.I know there was no way I should be over.The officer who did the test,admitted to have taken PAIN pills for pain in his back.He was bending over back and forth and almost dancing around saying how good he felt because of the meds.I asked if they were prescribed to him,and he gave no answer.I never went to my court date after being released.I had a hearing over the phone with the Drivers License Division out of Austin,and because of the breath test, they suspended my license for 90 days.After the 90 days,I received a new license in the mail without paying a reinstatement fee.However,they said I had to pay it when I renewed my license in 2010.My question is,are the statue of limitations for this offense 1 or 2 years,and what do you do if they are over?

David Traughber - April 14, 2010 3:27 PM

I have two dui convictions in AZ dating from 1982 and 1983. I have lived in Kansas since late 1983. All fines were paid and time was served before moving to KS and my dl was reinstated. I have been driving on a valid KS dl for 27 years now. I was told recently that my KS dl was cancelled for a revocation/suspension out of the state of AZ dated 1983. I have a spotless KS record, yet I am told that after all this time i need to submit a revocation investigation packet to the AZDOT but as I look at these forms (#99-0139) they do not really apply to a case this old. I went through a substance abuse evaluation, (court ordered), just after the second conviction. They require exact arrest dates blood alcohol levels and the alcohol counselors name and credentials on both arrest, again 27 years ago and I have no idea the answers and the dot refuses to let me know what they were. I am expected to pay money to an independent counselor for a substance abuse evaluation and am unemployed and cannot afford. This really seems ridiculous after over a quarter of a century of having no like problems. I now cannot even look for a job because i am not allowed to drive and will no longer be able to draw unemployment because i am not on a job search weekly.
A copy of the above mention form can be found at; http://mvd.azdot.gov/mvd/formsandpub/mvd.asp?txtNumber=99-0139

This seems at least illegal persecution if not only unfair.
Any advice would be appreciated.

David V Traughber

06-04-1961

estlin1@hotmail.com

Neil Irish - May 4, 2010 7:45 PM

Is it possible that a DUI conviction from 1984 would still be on my record and could still be used against me today? That was 26 years ago, and they are using that against me in my current legal problem. Isn't there some kind of statute of limitations? 26 years, gimme a break!


jason moles - June 10, 2010 2:03 PM

Question: I had a misdemeanor DUI conviction in 2001, plead no contest. Completed the mandated classes, but did not complete the community service nor did I pay the fines for the DUI. Have not had a license since. Is there a statute of limitation I should be aware of? I am assuming the fines still need to be paid,but what else can I expect? trying to find the path of least resistance to get my license back...appreciate any help/info...

JASON - July 29, 2010 12:18 PM

OK I HAVE A 2001 CASE OF DRIVING WITH OUT A D.L. IT HAS BEEN 9 YEARS I WAS 16 THEN IM TRYING TO GET MY D.L. BACK BUT THEY SAY I HAVE TO GO TO COURT 4 HOURS AWAY FROM WHERE I LIVE. SO HOW CAN I GET IT THRONE OUT?

donna corvey - August 22, 2010 3:25 PM

My question is Ihad 2 dui's in 2005. did all the legal stuff I was ordered to do.Ihaven't had a car since i now have one and in the process of getting my licence. Is there a statue of limitations on the SR-22? Do i have to get that type of insurance? Can i be under the registerd owners insuranse if i dont put it in my name?(my sisters car) Mahalo

Pedro - December 1, 2010 10:55 AM

In ref to: 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.
My 1st was in 1981 in Cameron county. 2nd was in 2009 Dallas County. It was enhanced to DWI 2nd. Even after 30yrs it can be used to enhance?

matt s - December 21, 2010 6:43 AM

is there a statue of limitation for dui in delaware

james - February 13, 2011 6:46 AM

my license was suspended in the state of misouri for a first time offense ofdui..this had to have been over eight years ago..i also went to court for it and was told to do a trafic school . i have long ago since moved from the stae of misouri..the warrant was out of the jeferson city court system.i have had no driving arests or even tickets since then.in fact i dont belive i have had any tickets at all. i do know the arest was a first time ofense of a misdemenor. no one was hurt..i did not refuse any tests..i payed some monney on the restitution but could not keep on it. im trying to find out if there was a staute of limitations and if i can get my license in another state. the time frame is completly blank in my memory and i think it could have been eight to ten years ago if not more.,.

Matt Sargeant - June 23, 2014 2:01 PM

I have a block on my ability to obtain a license in any state from a DUI I got in Florida in 1990. At the time of the arrest I had a valid D.L. From Illinois. that I had not changed to a Florida D.L. Now, the state of Illinois put the hold on my ability to get a license.NOT FLORIDA OF WHOM I I SATISFIED ALL REQUIREMENTS LONG AGO!!!!! My questions are; #1- Why do I have to answere to illinois for something that happened outside of that state? #2- since it's been almost 25 years ago, are there any statutes of limitations on this? #3- I can't afford to pay an attorney to help me or the 500$ that
Illinois wants for a fee to grind me thru there system, so how do I proceed from here?????

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