This case = BWI on or about July 27th 2002

Here are the alcohol offenses and dates that I can actually prove (about 5 have escaped)

1. DWI, May 7th 2004 = got 300 days county jail
2. DWI, March 13th 1992 = got 10 years probation
3. DWI, June 19th 1989 = got 3 years to do
4. DWI, June 18th 1982 = got 2 years to do
5. DWI, March 2nd 1979 = 3 days to do
6. DWI, June 9th 1978 = 30 days to do

There are five convictions for DWI that refuse to be useful as well as one other pen trip. As I understand the law, because this case is within 10 years of the defendant completing that 1992 probation (ie finished 2002), then this is a felony. Also with enhancments it is 25 to life. Am i right?

Thanks

Are you saying that the offense you are prosecuting is the July 2002 BWI? Under the Gett's case all that matters is that the two priors be within 10 years of each other. So if you are asking if it matters whether the priors are within 10 years of the new offense date it does not. If you are looking at the July 2002 BWI you can enhance it to a felony in many different ways assuming you have documentation for all of the priors. The way you can make this Habitual (25 to life) is to use # 5 & #6 to make it a felony DWI. Then use #3 & #4 as your habitual counts.

Yes, you are right I see my mistake. I have a BOB conviction resulting in jail time that I was going to use for enhancment purposes. I forgot I can not use a state jail.

Thanks
Chris