If I am arrested for a second DWI before my a conviction on my first DWI, can I be charged withDWI 2ndfor my last arrest?

UPDATED: Feb 2, 2012

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If I am arrested for a second DWI before my a conviction on my first DWI, can I be charged withDWI 2ndfor my last arrest?

Asked on February 2, 2012 under Criminal Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good question. If you are arrested for a second driving under the influence of alcohol or a controlled substance before you are convicted of your first driving under the influence offense, you can be charged with two such offenses. However, if you are not convicted of the first offense yet, you cannot be charged with a prior conviction for enhancement purposes.

However, most likely the district attorney's office will move to consolidate the two criminal actions into one matter to resolve them at the same time. I suggest that you consult with a criminal defense attorney about your situation if you have not done so already.

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