If I recently received a second DWI but the last one that I received was 20 years ago, what am I up against?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I recently received a second DWI but the last one that I received was 20 years ago, what am I up against?
Asked on February 24, 2013 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The prior DWI could still potentially be used against you. However, considering that your DWI is twenty years ago, they may have a hard time proving it if the fingerprint records are no longer available. If they can prove the prior, you're looking at a Class A misdemeanor. If it was a routine DWI, you're probably looking at probation with a DL suspension. If it was a bad DWI where you almost hit someone, they might consider jail time, but the max time is one year in county jail.
If the prosecutor cannot prove the prior, then you would be charged with a Class B misdemeanor. The options noted above would be the same, except shorter time frames.
If you have gone 20 years without any other issues, you have a decent argument for asking for probation. You will not get a deferred adjudication in Texas though because it's prohibited by state law. If the facts against you are weak, the prosecutor may consider an alternative charge, like obstruction of a roadway, which carries far fewer penalties.
You are not required to have an attorney, but it really does help in DWI cases. This case is "just a misdemeanor" and a lot of people don't stress that much about them. However, if you plea to this DWI and pick up another one, then the third one will be a felony with a punishment up to ten years in prison. What to plea to and whether or not to contest the charges are decisions that really should be made with as much information as possible.
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.