SOL is between your act and the charge, once charged the SOL has stopped. That said, you have a good case for speedy trial or perhaps dismissal under the interstate Detainers act.

Answer Applies to: Texas
Replied: 8/17/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes, there's a statute of limitations, but no, that's not going to do you any good. That only means that the State has a certain number of years (two in this case) to file a court case on you. If you've got a rescheduled arraignment, that means they did file the case, so you're out of luck as far as that goes. The good news is that while anything's possible, they're pretty unlikely to have much interest in or ability to prosecute you at this point. Beyond that, I'd need some more information to tell you anything more specific. What county and court is this in, and this actually a DUI, or is it a DWI? They are different offenses in Texas: a DUI can only be given to someone under 21, just requires proof that you had any amount at all of alcohol in your system (NOT .08, .1, or anything else like that), and it's only a Class C offense, while DWI can be used to charge anyone of any age, requires proof of actual intoxication, not just consumption, and starts out being a Class B misdemeanor for the first offense.

Answer Applies to: Texas
Replied: 8/16/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.