Thank you for the information and the question. A first time DWI in Texas is a misdemeanor
. Therefore the statute of limitations from the time of the crime to when the complaint
must be filed is two years. You can see the statute set out below for misdemeanors. Below that statute is the statute that governs the "tolling" of the statute of limitations (the time when the clock is stopped and time does not count against the government.
Please let me know if you have any follow up questions.
Art. 12.02. MISDEMEANORS. (a) An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.
Art. 12.05. ABSENCE FROM STATE AND TIME OF PENDENCY OF INDICTMENT, ETC., NOT COMPUTED. (a) The time during which the accused is absent from the state shall not be computed in the period of limitation.
(b) The time during the pendency of an indictment, information, or complaint shall not be computed in the period of limitation.
(c) The term "during the pendency," as used herein, means that period of time beginning with the day the indictment, information, or complaint is filed in a court of competent jurisdiction, and ending with the day such accusation is, by an order of a trial court having jurisdiction thereof, determined to be invalid for any reason.
(b) A complaint or information for any Class C misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.
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