How long is typical before you would know ifyou aregoing to be charged with a DWI?

UPDATED: Jan 5, 2012

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How long is typical before you would know ifyou aregoing to be charged with a DWI?

My legal-age son was in a single car collision in bad weather conditions a while back. He was not ticketed at the time and I don’t know his blood test results because of medical confidentiality rules the hospital emergency staff is bound by due to his age but I suspect he was over the limit. Since the vehicle was a total loss, I am wondering if he/we should replace it since he might lose his license if charged and making payments seems stupid in that case since he couldn’t drive.

Asked on January 5, 2012 under Criminal Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written, I would hold off replacing the vehicle that your son was driving when he was in an accident resulting in a total loss. I would simply ask your son if he had ingested alcohol or a controlled substance within hours of driving the vehicle that you are writing about to assist you on evaluating whether or not he is responsible enough to even be driving at this point in his life.

As to the time period to know whether or not criminal charges will be filed against him by the district attorney's office, given the circumstances that you have written, I suspect a wait of a good 60 days post accident. Assuming your son is charged with a crime of driving under the influence of alcohol or a controlled substance, you should immediately consult with a criminal defense attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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