If you’re asking yourself, is there a statute of limitations on DWI?—you’re already thinking ahead. Whether you’ve been involved in a DWI incident and never formally charged, or you’re just trying to understand the boundaries of the law, the answer matters. The statute of limitations sets the time window prosecutors have to formally charge you with a DWI. After that deadline passes, they’re generally barred from filing the case. But just like most things in criminal law, it’s not that simple.
In this guide, we’ll walk through what the statute of limitations means in the context of DWI (Driving While Intoxicated), how long it applies depending on the severity of the offense, what might pause or “toll” the clock, and how these legal timeframes play out in real life. So if you’re wondering how long you can be charged with a DWI—or if you’re safe from prosecution—read on.
What Is the Statute of Limitations?
The statute of limitations is a legal time limit that tells the state how long it has to bring criminal charges after an alleged offense. Once that time runs out, the legal system typically says, “Too late—you can’t be prosecuted now.”
In a DWI case, the clock usually starts ticking on the date the offense allegedly occurred. But whether it ticks fast or slow depends on a few variables, including whether the DWI is classified as a misdemeanor or a felony.
Why It Exists
The purpose of a statute of limitations is simple: to ensure fairness. Evidence gets stale. Memories fade. Witnesses move away. The longer the delay, the harder it becomes for anyone—defendant or prosecutor—to get a fair outcome. That’s why the law draws a line in the sand and says, “Charge it or drop it.”
So, is there a statute of limitations on DWI? Yes, absolutely. But what that looks like depends on the case.
Statute of Limitations on a Misdemeanor DWI
Most first-time DWI offenses are classified as misdemeanors, especially if there was no accident, injury, or high blood alcohol level. In Texas, and many other states, the statute of limitations for a misdemeanor DWI is two years from the date of the offense.
That means the prosecutor has two years to file formal charges. If they don’t do it in time, the case can be dismissed—even if all the evidence is strong.
Real-Life Example: A Case That Almost Vanished
In Harris County, Texas, a woman named Carla was arrested for suspicion of DWI but released without charges. Months passed. She moved on. Then, 23 months later—almost at the two-year mark—she got a summons in the mail. The county had finally filed the misdemeanor DWI charge.
Her lawyer filed a motion to dismiss, arguing that the delay had impacted her ability to defend herself. While the court ultimately allowed the case to proceed (because it was still within the statute), it highlighted how close she came to walking away with no charges at all.
The takeaway? Even if you think a DWI charge is behind you, if it’s been less than two years, it could still come back.
Statute of Limitations on Felony DWI
Now here’s where things change. If your DWI involved certain aggravating factors—such as a third offense, a serious injury, or death—then it likely rises to a felony. In Texas, the statute of limitations for felony DWIis three years. But in some other states, the limit could be up to five or six years, depending on the severity.
Types of Felony DWI Charges That Extend the Statute
- Third DWI offense: Automatically becomes a felony in many states.
- DWI with a child passenger: Elevates the case to felony level.
- Intoxication assault: When the DWI results in serious bodily harm.
- Intoxication manslaughter: When the DWI results in death.
Each of these scenarios opens a wider window for prosecutors to bring charges—sometimes even when it seems like the case has gone cold.
Example: Felony Charges Filed Years Later
Jacob, a Houston man, was in a single-car crash that injured his passenger. He walked away from the accident with no charges—until over two years later. That’s when the injured passenger filed a lawsuit, and prosecutors reviewed the crash again.
They determined that Jacob had a prior DWI on his record and charged him with intoxication assault, a third-degree felony. Since it had only been two years and eight months, the case was still valid under the three-year felony statute.
So if you’re wondering is there a statute of limitations on DWI that involves injury or prior offenses? The answer is yes—but it’s longer and can sneak up on you if you’re not watching the calendar.
Tolling the Statute of Limitations: When the Clock Stops
What if you leave the state or change your name to avoid prosecution? In legal terms, this is where the statute can be “tolled.” Tolling pauses the countdown, extending the time prosecutors have to file charges.
Common Reasons for Tolling in a DWI Case
- The defendant leaves the state or country
- The defendant is in hiding or using a false identity
- A grand jury is deliberating on the case
- Delays intoxicology reports or crash reconstructions
These tolling provisions are designed to prevent someone from running out the clock on justice. So while you might think you’re past the time limit, you might not be, if the state can prove you were avoiding prosecution.
Is There a Statute of Limitations on DWI Warrants?
This is where people get confused. If a warrant has already been issued, the statute of limitations no longer matters. The case has already been filed—so the clock stops. You can’t escape by waiting it out.
Many people mistakenly think a DWI warrant will “expire” after a few years. It doesn’t. Once issued, it stays active until:
- You’re arrested
- You turn yourself in
- The judge recalls it
This means you could be pulled over for a speeding ticket five years later—and hauled in for a DWI you didn’t even know was pending.
A Warrant Horror Story
One man in Dallas had a DWI charge filed in 2018. He never got the summons, moved states, and thought the issue had disappeared. In 2023, while applying for a job that required a background check, the warrant popped up. He was arrested during a routine check-in at the DMV.
So when asking is there a statute of limitations on DWI, make sure you know whether charges were already filed. That changes everything.
What If You’re Still Under Investigation?
If you were involved in a suspected DWI but never formally arrested or charged, you may be in a kind of legal limbo. Law enforcement might still be building a case.
This is common in situations where:
- Blood samples are being tested
- The DWI involved an accident or injury
- Officers are waiting on witness statements
Until formal charges are filed, the statute of limitations continues to run. If the deadline passes and the prosecutor hasn’t acted, you can no longer be charged—but it’s always wise to have a lawyer monitor the situation.
Can the Statute of Limitations Be Extended by the Court?
Generally, no. The statute of limitations is set by state law, and judges don’t have the discretion to extend it just because the prosecution needs more time. However, courts can interpret tolling exceptions broadly, especially in complex DWI cases.
If you’re facing an old case that seems to be resurrected, consult with a criminal defense lawyer to determine whether the statute of limitations has truly expired—or whether it’s been tolled without your knowledge.
What to Do If You Think You’re At Risk of a DWI Charge
Let’s say you were involved in a DWI incident a while back and you’re unsure whether charges are still possible. Here’s what to do:
Check for Active Warrants
You can do this through:
- The county court clerk’s website
- A background check through your lawyer
- Requesting a copy of your driving record
Consult an Attorney
If it’s been less than two or three years since the incident, a DWI defense lawyer can help monitor the case and potentially head off charges with proactive legal action.
Save Relevant Documents
This includes:
- Proof of residence (to show you haven’t left the state)
- Witness contact information
- Medical records (in case of injury)
Anything you can use to establish your timeline may be helpful if you later need to argue that the statute of limitations has expired.
Final Thoughts: Don’t Assume the Clock Is Your Shield
So, is there a statute of limitations on DWI? Yes, and it matters—a lot. But it’s not a get-out-of-jail-free card. Misdemeanor DWI cases usually have a two-year statute, while felony cases can stretch to three or more. Add in tolling provisions, pending warrants, and slow-moving investigations, and that window can feel a lot less secure.
If you’re watching the calendar and hoping time will save you, make sure you’re not misunderstanding the law. The only way to know for sure whether you’re in the clear is to consult with a qualified defense attorney who can analyze your situation in detail.
The bottom line? When it comes to DWI charges, the law does offer deadlines—but it’s not always safe to assume they’ve run out.
