Why Do DWI Cases Take Such A Long Time?

Charlie explains the reasons it can take a long time to resolve a DWI case.


Why do DWI cases take a long time?

Because it takes 6-8 months just to get the evidence (arrest video, offense report, blood results, etc.) Then after that, there is usually 3-6 months of negotiation, offers, counter-offers, and other legal wrangling.

Are you delaying the case?

No. I want the best result in the fastest possible time.

Can you speed up the process?

Usually the only way to speed up the process is to accept a bad result (conviction). It is up to you, of course, but I advise against that.

Isn't there a right to a speedy trial?

Yes, the 6th amendment of the constitution says that a defendant has the right to a speedy trial. This is because it would be hard to defend yourself against a charge that is 10 years old. Could you find the witnesses? Would they remember the details? However, the court won't consider a case to be in violation of the 6th amendment until many years have passed. Their definition of "speedy" is not the same as a regular person's definition.

I am planning to move away from Austin. Is that ok?

It depends. But I am usually able to work something out that allows you to move. It can be tricky, though.

I once had a court case in another county that was resolved in one court setting. Why doesn't it work that way in Travis County?

Travis County arrests 250+ people a week. It just isn't possible to have a constitutional process that moves so quickly. The process is usually faster if the defendant is in jail, but if the defendant has been released there is less pressure on the prosecutors resolve the case.

I have more questions.

No problem. Give us a call or email us.