Can I be charged with DWI two weeks after the fact?

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Can I be charged with DWI two weeks after the fact?

I waived my right to a blood test to
challenge the breathalyzer because I
wasnt being charged with DWI. Then
they charged me with it two weeks after
the fact. Now I cant challenge it.
Can they do that in Arkansas?

Asked on April 4, 2019 under Criminal Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can be charged after the fact: there is NO legal requirement that you be charged immediately, and two weeks is well within the time frame (generally at least 6 months) during which charges must be brought. That you chose voluntarily to waive you right to the blood test does not bar charges.


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