TDCAA Community
DWI Enhancement

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/4007001216

September 25, 2013, 14:51
ADA
DWI Enhancement
I have read throught the DWI Resources and didn't find my specific question addressed on the outline or here on the forum. Scenario: Defendant has three prior deferred adjudication probations from 1984-1985. In each case, he was given probation and whether or not successfully completed he received a "Discharge from Probation" or "Order of Dismissal" with the wording "It is further ordered that the finding of guilty heretofore entered in said cause be and the same is set aside and that the indictment and/or complaint and information in said cause be and the same is hereby dismissed." Can these priors be used to enhance to a felony DWI?
September 25, 2013, 16:11
Brent Robbins
Nope. I'm still looking for the cases on point, but the fact that your Judgments state "finding of guilt is set aside" makes those "not final convictions".
September 25, 2013, 22:04
Sammy McCrary
Even a regular probation for an offense of DWI that was committed prior to January 1, 1984 is not a final conviction. As a result, unless the probation was subsequently revoked, it cannot be used to enhance a subsequent DWI to a felony. Look at Nixon v. State, 153 S.W.3d 550 (Tex.App.–Amarillo 2004, pet. ref'd.)