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If both prior dwi's have different offense dates but the same date of conviction, can the new dwi be enhanced to a felony with these 2 priors?
 
Posts: 96 | Registered: May 19, 2003Reply With QuoteReport This Post
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Yes. As long as the 3rd happened after the prior convictions.
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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I don't see why not as long as both have a seperate cause number and the 3rd DWI occurred after the conviction date.
 
Posts: 64 | Location: Johnson County, Texas | Registered: May 06, 2004Reply With QuoteReport This Post
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I do not understand why these offenders are allowed 2 for 1 DWI2nds just because offender avoided/reset court dates for 2 1/2 years. He has 2 outstanding warrants DWI2nd and POM when arrested for a new DWI.Since the outstanding warrant cases were not convictions yet, he got a freebie DWI2nd. So I am supposed to feel beter knowing that NEXT time he is stopped or wrecks again DWI, THEN that one can be tried/classified as DWI3rd. It appears to me that he has all the perks! We have to worry if he may kill someone in his next DWI. A slap on the hand....I thought Texas was harsher on DWIs.

T.Trigg
 
Posts: 1 | Registered: March 20, 2009Reply With QuoteReport This Post
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There is a case on point. I'll dig it up.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Look at Gibson v. State, 995 S.W.2d 693. In that case, defendant was convicted of two intoxication manslaughters our of one transaction. Later indicted for DWI 3rd with the two manslaughters as the priors. CCA distinguished the enhancement scheme in 12.42 from the DWI punishment scheme in chapter 49 and found that Gibson was properly charged for DWI3rd. Same should apply in your case. Defendant has two prior DWI convictions. Doesn't matter that the convictions were obtained on the same day or even in the same transaction.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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How about 3 DWIs in 3 days?

Woman arrested for DWI 3 times in 3 days
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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