Legal Question in Criminal Law in Texas

dui

I have 2 prior dui's that are over 10 yrs old. I was arrested 7mths ago on another dui and have been going to court on this since. The da keeps offering me 2yrs probation even though they have not got substantial evidence. Now they are saying that if i go to trial and am convicted I could get 2- 10 yrs pen time. Can they do this?


Asked on 6/25/09, 3:19 pm

1 Answer from Attorneys
adrienne dunn Law Office of Adrienne Dunn

Re: dui

There are a lot of tricks to this question. I will give you some bacground information on the law, but you should ask your attorney to give you legal advice.

First, intoxication convictions over 10 years old may not be used to enhance. The clock starts ticking when you finished the probation or were released from jail.

Second, if on the trial of DWI, it is proven that the defendant has been twice previsouly convicted of DWI, then the offense is to be punished as a third-degree felony (2-10 years imprisonment).

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Answered on 6/25/09, 3:42 pm


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