Legal Question in DUI Law in Texas

is this a felony or mistaminorer

I was convicted in 1984 of DUI and in 2006 I was charged with another DUI can the state use this first charge to inhance the second one


Asked on 12/27/06, 7:36 am

3 Answers from Attorneys
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: is this a felony or mistaminorer

Yes this DWI will be a class A

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Answered on 12/27/06, 11:11 am
John Armstrong The Law Office of John W. Armstrong

Re: is this a felony or mistaminorer

Possibly, however, there is some case law that could knock your case from a Class A misdemeanor back to a class B misdemeanor, and there are some convictions in the early 80's that are unavailable for use in enhancing another DWI. Of course this is all case law.

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Answered on 12/27/06, 11:08 pm
Chris Dorbandt Chris Dorbandt & Associates

Re: is this a felony or mistaminorer

Yes it can be enhanced and the second DWI is a Class A misdemeanor with a punishment range of from 3 days to 365 days in jail, a 1 year suspension of your driver's license and a fine not to exceed $4,000.00.

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Answered on 12/30/06, 8:56 am


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