TDCAA Community
DWI Enhancement Question.

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/5071035971

October 24, 2008, 22:36
Terry Breen
DWI Enhancement Question.
Can you use a pre-Sept. 1, 1984 DWI probation to enhance a subsequent DWI?

That, of course, is the date legislation went into effect prohibiting deferred adjudication for DWIs, and allowing DWI probations to be used to enhance later DWIs.

I could look up the question in the 'brary, but I'm sure there are a lot of folks on this board who know the answer. I'm hoping they'll save me the trip.

Thanks for any help.
October 27, 2008, 13:53
Clay A.
Read Ex Parte Serrato, 3 SW3d 41 (TexCrimApp 1999) and see what you think. Probated before 1984 I don't think is usable. Straight time? Maybe so.
October 27, 2008, 14:08
JK McCown
Some of us were around in the 80's. You can't use a pre-84 probation to enhance unless it was revoked into a jail sentence.