If I had a DWI 15 years ago, can it still be used againsn’t me?
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If I had a DWI 15 years ago, can it still be used againsn’t me?
My prior convictions are really old. Over 15 years old. I don’t see how they can still be used against me when it’s been so long and I did everything I needed to do to get discharged back then, but the cop told me my new case is a felony, not a misdemeanor.
Asked on July 8, 2012 under Criminal Law, Texas
Answers:
Andrew Goldberg
Answered 11 years ago | Contributor
If this occurred in Pennsylvania, there is a 10 year window. From the date of the current DUI arrest, you go back 10 years. Any convictions ( the actual date of a conviction or the entry of a guilty plea for DUI and DUI only ) will not count towards sentencing for the current DUI.Thus if the 15-year old conviction was for DUI, it wouldn't count.
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Texas used to have a rule that the conviction had to less than 10 years old in order for it to be used for enhancement purposes later. That rule has since changed-- and yes, even a fifteen year old conviction can now be used.
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