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    kessa37's Avatar
    kessa37 Posts: 1, Reputation: 1
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    #1

    Feb 24, 2009, 10:57 PM
    Texas law, how much time do they have to file charges?
    I got a d.u.I in October, the case has not even reached the D.A,s office yet. I know its only been 3 months byt I keep getting conflicting advice. One being that they only have 6 months from the time of your aressrred to file charges. Also I refused the blood test, but yhen they said it was mandatory Can they do that? Jessa
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Feb 25, 2009, 05:52 AM

    Hello k:

    If they're going to file misdemeanor charges, they probably have up to a year to do it.

    Yes, if you refused a Breathalyzer, then taking blood is mandatory.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 25, 2009, 07:17 AM

    Not sure in your state, in GA, as a police officer once I wrote the DUI ticket, that is a formal charge and the DA can take all the time it wants to take you to trial, since the ticket "charged you"

    If you were not given a ticket for DUI, merely stopped and held and released, you have two issues,

    First is the drivers license department that can and will suspend your license for not taking the test. That is done without any court action,

    The other will be the actial trial for criminal charges of the offense
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Feb 25, 2009, 07:25 AM
    Quote Originally Posted by Fr_Chuck View Post
    the DA can take all the time it wants to take you to trial, since the ticket "charged you"
    Hello again:

    Ach, says excon as he slaps himself in the forehead. The Padre has done it again.

    excon

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