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HOW LONG CAN THE STATE USE A PRIOR DWI CONVICTION AGAINST YOU?

Understanding Conviction Limits

If You’ve Been Previously Convicted of a Dwi, Persecution Can Use That Previous Offense Against You Forever. There Is No Real Limit on Prior Dwi Convictions and How They May Impact Your Future Legal Circumstances. Whether It Was 10, 20, or Even 30 Years Ago, Any Dwi Conviction in Your Past May Be Used to Enhance Subsequent Dwi Charges.

How Does That Change My Charges?

Essentially, Prior Convictions Can Be Used Against You Indefinitely. When It Comes to Dwi, That Means Any Subsequent Dwi Charges Can Be Increased in Grade — for Example, Your Second Dwi May Be Charged as a Dwi Second.

This Increases the Range of Punishments Available to the State, and May Magnify the Consequences for Any Current Dwi Charges. Dwi Charges and Dwi Second or Dwi Third Charges Can Carry Some Serious Consequences, Which Is Why Seeking Professional Legal Counsel Is Often a Good Idea if You Plan to Fight a Dwi Charge at Any Level.

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Probation Or Deferred Adjudication

There Are Some Very Specific Circumstances to Be Aware of When It Comes to the Impact Prior Dwi Convictions Can Have:

  • Prior Dwi Convictions Where the Offense Was Committed Before January 1, 1984, Cannot Be Used to Enhance Your Punishment When the Initial Sentence Resulted in Probation and That Probation Was Never Revoked.

  • Prior Probation or Deferred Adjudication From Another State May Not Be Used Against You, but if You Were Fully Convicted of Dwi in Another State, That Conviction May Still Be Used to Enhance Punishment, Even if the Initial Dwi Conviction Occurred Outside of Texas.

Restricted Occupational License

If You Hold an Occupational License and Are Convicted of Dwi, You May Ask the Judge if Your License Will Be Suspended. In Some Cases, You May Ask the Court for a Restricted Occupational License, That Allows You to Go to Work, Religious Services, Pick Up or Drop Off Children at School, or Other Absolutely Necessary Driving Destinations.

For the Duration of the Restrictions, This License Restricts the Hours and Geography Where You May Drive. However, if You Have a Prior Dwi Conviction Within 5 Years of Your Current Arrest, You Will Not Be Able to Get a Restricted Occupational License.

This Is Another Example of How Time Limits May Impact Your Life Following a Dwi Arrest or Conviction.

How To Handle DWI Charges

As You Can See, a Dwi Charge Can Significantly Impact Your Life in a Number of Ways, With Subsequent Charges Further Intensifying the Potential Consequences and Disruption. Due to the Fact That a Dwi Conviction Can Impact Subsequent Dwi Charges Permanently, It’s Even More Important to Arm Yourself With Good Legal Counsel if You Ever Face a Dwi Charge.

One of the Best Ways to Fight a Dwi Charge Is by Working With a Dwi Attorney — Someone Who Has Years of Experience Working With Dwi Cases, and Someone That Understands the Local, Federal, and State Laws and Norms Where You Were Arrested. Trichter & Legrand Can Offer Exactly That.

If You’ve Been Arrested for Dwi in Houston, Give Us a Call and Get a Free Consultation. We Can Help You Understand Your Case and the Legal Proceedings You’re Likely to Face.

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