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

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

If You Have Prior DWI Conviction, The Prosecution Can Use Previous Offenses Against You Forever!

Whether It’s Been 10, 20, Even 30 Years Since Your Prior Conviction, The Prosecution Can Use It To Enhance Your Punishment For A Current DWI Conviction.

Using Your Prior DWI Conviction Increases The Grade Of The DWI Offense You Are Presently Being Prosecuted For. 

That Increases The Range Of Punishment Available To The State As Well As The Consequences Of The Current Charge. 

For Example, If You Were Convicted In 1992 For DWI And You Are Arrested For A DWI In 2018, You Would Be Facing A DWI 2nd Offense Charge.

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Probation Or Deferred Adjudication

However, Prior DWI Convictions, Where The Offense Was Committed Prior To January 1, 1984, Cannot Be Used To Enhance Your Punishment When The Sentence Resulted In Probation And The Probation Was Never Revoked.

If You Have A Prior Probation Or Deferred Adjudication From Another State, That May Not Be Used Against You, But If You Were Convicted Of DWI In Another State, It Can Be Used To Enhance Your Punishment–Just Like It Would If You Had Gotten The Prior Conviction In Texas.

Restricted Occupational License

If You Hold An Occupational License And You Are Convicted Of DWI, You Can Ask The Judge If Your License Will Be Suspended. 

Then You Can Ask The Court For A Restricted Occupational License That Will Allow You To Go To Work, Religious Services, Pick Up And Drop Off Children At School — Only Places That You Would NEED To Go. 

The License Would Restrict The Hours As Well As The Geography Where You May Drive.

However, If You Have A Prior DWI Conviction Within Five Years Of Your Current Arrest, You Cannot Get A Restricted Occupational License.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

DWI convictions for immigration purposes

What Are The Chances Of Getting A DWI Dismissed? - DWI Lawyer Gary Trichter Trichter & LeGrand
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DWI convictions for immigration purposes

DWI Lawyer-Trichter & LeGrand Law Firm

Former AG, Jeff Sessions separated kids from their parents which lead to a public outcry. The current AG is handling things differently. AG Barr is attacking immigration matters silently by unilaterally issuing decisions and changing precedent. This Administration has waged a full blown war on immigration matters. See the decision below. Know the consequences when you represent your clients.

Matter of CASTILLO-PEREZ, 27 I&N Dec. 664 (A.G. 2019)

The Attorney General has issued a decision in the Matter of CASTILLO-PEREZ , 27 I&N Dec. 664 (A.G. 2019).

(1) The Immigration and Nationality Act’s “good moral character” standard requires adherence to the generally accepted moral conventions of the community, and criminal activity is probative of non-adherence to those conventions.

(2) Evidence of two or more convictions for driving under the influence during the relevant period establishes a presumption that an alien lacks good moral character under INA § 101(f), 8 U.S.C. § 1101(f).

TELL US ABOUT YOUR CASE

Your Free Consultation Is Just One Form Away!

Form Submissions have a fast response time. Our attorneys are always on-call 24/7. The use of this form does not establish an attorney-client relationship.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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