If I was convicted of a 3rd DWI but my 2nd DWI was over 10 years ago, is this still a felony?

UPDATED: Aug 4, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was convicted of a 3rd DWI but my 2nd DWI was over 10 years ago, is this still a felony?

Asked on August 4, 2011 Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you are referring to here is something known as the "look back" period. This is the period of time in which a court may look back into a defendant's record regarding previousDWI convictions. In TX this period is 10 years. Therefore, since your previous conviction was more than  10 years ago, this most recent offense will be considered to be your 2nd. So for sentencing purposes, your most recent arrest will be considered to be your 2nd for sentencing purposes. In other words it will be charged as a misdemeanor and not a felony.

Note:  However, all offenses are still part of your permanent driving record.

At this point you should consult with  DUI attorney. They may be able to have the charge dismissed or at least reduced. The fact is that if you are arrested again for DUI within the next 10 years (hopefully not because you have learned that drinking a driving don't mix), you will be facing a felony.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption