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May I use a juvenile adjudication for DWI to enhance an Adult DWI to a 2nd?? Katherine McAnally | ||
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Long answer...Generally a juvenile adjudication is not a conviction (Family Code 51.13) so if the statute you are trying to enhance under says a conviction is necessary then you are out of luck, unless the statute redefines what a conviction is like 12.42 (f) does for some habitual enhancements. See the short answer was better | |||
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Just off the top of my head, the juvenile has to be sentenced to TYC before their adjudication can be used as an enhancement even under the limited purposes of 12.42. And it has to be for a felony offense. There would have to be a special statute dealing with DWIs to get where you want to go. (Kind of surprised there isn't considering the big anti-DWI push over the last decade) | |||
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