A family member has two DUI's in PA. They just moved to Texas. I'm curious what the consequences would be if they recived a third DUI- in Texas. Does the state count the previous two against them? Does it matter if they were out of state?
2 Answers from Attorneys
The answer is: it depends.
A prosecutor will certainly argue that the 2 prior DUIs should count, but there are a few ways a lawyer may keep those prior DUIs from enhancing a DWI in Texas.
If your family member is facing charges for a DWI in Texas right now; that person needs to get a criminal defense attorney as soon as possible. I am an Austin Texas DWI / DUI Criminal Defense Lawyer .
If you are just asking this question hypothetically, then it is important to remember that the best way to avoid a DWI conviction is to not drink and drive.
Good Luck!
I think your family member should also be aware that if the State is able to use the priors, the third arrest would be charged as a 3rd Degree Felony, carrying 2 to 10 years in prison.
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