August 01, 2006, 11:38
East Texas AttorneyFelony DWI-2 priors on same date
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?
August 01, 2006, 11:42
Gordon LeMaireYes. As long as the 3rd happened after the prior convictions.
August 03, 2006, 08:53
Stuart NealI don't see why not as long as both have a seperate cause number and the 3rd DWI occurred after the conviction date.
March 20, 2009, 01:34
ttriggI 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
March 20, 2009, 14:22
JohnRThere is a case on point. I'll dig it up.
March 20, 2009, 14:30
JohnRLook 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.
March 26, 2009, 15:54
GretchenHow about 3 DWIs in 3 days?
Woman arrested for DWI 3 times in 3 days