Had anyone made themself a little cheat sheet that they want to share with which dates corspd w/ DWI convictions to be considered "final" for purposes of enhancements? I know there is an 81, 86 and 90 something date... some probations don't count, others do.... Anyone have a cheat sheet to share?
If so... email to:
This may not be exactly what you're looking for, but look in Getts v. State, 155 S.W.3d 153 (Tex.Cr.App. 2005): the Court of Criminal Appeals made a table that describes the availability of prior DWI convictions for cases after September 1, 2001 (when the change was made to the enhancement provisions of �49.09, Penal Code) and before September 1, 2005 (When �49.09(e) and (f) were repealed.)
Offense Date Prior to Sept 1, 2001
Only one prior must be within 10 years of new Offense Date.
Offense Date Sept 1, 2001 thru August 31, 2005
Two priors conviction must only be within 10 years of each other. No relation to new offense date.
Offense Date September 1, 2005 and after
No more 10 Year Rule!!
Richard is too shy to suggest that you buy his book on DWI law. Available on this website. The best cheat sheet anywhere on DWI.
. . . the question seeks the date at which time a probated DWI conviction cannot be used for enhancement. Is it probated sentences prior to 1984 that can't be used? 1986?
I should know the answer but I don't off the top of my head.
Probated DWI sentences on or after January 1, 1984 are final convictions for the purpose of enhancement.
We finished a jury trial today that included two prior DWI convictions from 1984, so I guess it still pays to know that law. You wouldn't think a guy would still be collecting DWI convictions 24 years later.
This defendant got convicted for his 7th DWI. Fourth trip to prison. On parole for a life sentence.
Want to guess what the jury gave him?
He got out of prison on his first life sentence after only 8 years. That is pathetic. Wonder how long he will stay in on his second life sentence.
John, just like some things are measured in half-lives you just can't get around the fact that prison sentences are in quarter-lives (with extra credits). Serving 8 out of 15 seems pretty steep to me.
Well, when you get all mathy like that, it seems perfectly reasonable.
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