Asked 7/27/2016 – Tyler, TX

My husband was arrested Feb. 29, 2016 for DWI 3rd or more. He refused the breath test & did the blood test after he was arrested, which was about 5 hrs later. He saw the judge the next morning & I paid his bond. He’s been going to his pretrial officer once a week. He has to pay $15 a week for his drug test, plus the $65 a month. We also have a breathalyzer on our jeep. Here it is 5 months later & still no indictment. If he has to do all this, how long does it usually take for an indictment? Do they just keep taking our money until he’s indicted? I understand that’s part of the process, but 5-6 months in to it, we’re just ready for all this to be over. Please, how long does it take?

Answer

The statute of limitations for felony DWI 3rd is 3 years from the date of offense; the State has until then to file the indictment. The delay in your case is due to the backlog in blood testing. The State is waiting for the test results before your husband’s case is presented to the Grand Jury. I have blood draw cases take up to 11 months for the results to be returned. I understand this is an expensive, arduous process, but I doubt your ordeal will be over anytime soon.