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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 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.


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