If I had a DWI 15 years ago, can it still be used againsn’t me?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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 8 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.


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 with SHA-256 Encryption