If I was convicted of a 3rd DWI but my 2nd DWI was over 10 years ago, is this still a felony?
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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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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