I've got a DWI with a multitude of DWI arrests over the years, but only two DWI convictions. One is a 1991 conviction placing him on probation, and the other is a 1979 jury verdict where he was placed on probation by judge. There is a 1980 order successfully discharging him from this probation. I have certified copies of both convictions. Will these work as priors for felony DWI?

The 1991 conviction placing him on probation is good but DWI probations prior to January 1 1984 could not be used for enhancement. Sounds like you have a DWI Misd Rep.

Thanks, that was what I was afraid of.

Please expand on the above:

Before 1984, in order to enhance with that prior, the person had to have been sentenced to jail / fine but not placed on probation?

[This message was edited by suzannejost on 03-20-09 at .]

Yes

I believe the answer to this question might also be found in a DWI Case Law Update book authored by that guy from "Lost".....

I think you're right, it is mentioned in the book but I'm passing the info along to another who wanted me to double check my research, and I wanted to make sure I was getting it right. It (very helpful book) seemed to talk a little more about 1984 to 1994 were good probations, even though the leg made it clearer in 1994. We have some 1981 probations that we were wondering about....Thanks for the quick answer!

By the way, that book has been a life saver in many areas...(since the author is checking in here).