July 23, 2012, 09:55
J AnsolabehereClass B Enhancement for DWLI from a DUI
I had an officer ask if a DWLI charge can be enhanced to a Class B if the subject has a prior conviction or ALR suspension for a DUI offense. I told him that is a prosecutor question, so I am asking for input from proscutors
Janette A
July 25, 2012, 12:10
JamesNO
521.457--seems to indicate only for a DWI ALR suspension
(f) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the person:
(1) has previously been convicted of an offense under this section or an offense under Section 601.371(a), as that law existed before September 1, 2003; or
(2) at the time of the offense, was operating the motor vehicle in violation of Section 601.191.
(f-1) If it is shown on the trial of an offense under this section that the license of the person has previously been suspended as the result of an offense involving the operation of a motor vehicle while intoxicated, the offense is a Class B misdemeanor.
(f-2) An offense under this section is a Class A misdemeanor if it is shown on the trial of the offense that at the time of the offense the person was operating the motor vehicle in violation of Section 601.191 and caused or was at fault in a motor vehicle accident that resulted in serious bodily injury to or the death of another person.
(g) For purposes of this section, a conviction for an offense that involves operation of a motor vehicle after August 31, 1987, is a final conviction, regardless of whether the sentence for the conviction is probated.
July 25, 2012, 12:23
J AnsolabehereThat's what I thought given the wording of the statute.
Janette A