The same prior DWI convictions cannot be used both to enhance the underlying DWI charge and to prove habitual felony offender status. The state can use a prior felony DWI conviction under Penal Code Section 12.42 for enhancement purposes, al along as that pros is not also used to elate the alleged offense to a felony. A felony DWI can be enhanced with non DWI prior connections, so that a person convicted of felony DWI can be a habitual offender. An underlying misdemeanor conviction can be used to elevate the DWI jurisdictionally even where a prior felony DWI is used to enhance the defendant to habitual status.
The State must prove the jurisdictional pros offenses for felony DWI at the guilt innocent stage of trials. The prior DWI convictions are not enhancements to be used at the punishment phase, but are part of the proof at the guilt/innocence stage for felony DWI. That said, a defendant has the ability to stipulate to his prior convictions and keep the jury from hearing evidence about them. A faxed copy of judgment and sentence will be admissible to prove prior convictions.
Criminal docket sheets and related county court judgments are insufficient to prove the prior DWI offenses required to raise a prosecution from a misdemeanor to a felony. In a felony DWI, Penal Code Section 49.04(b) does not require the State to prove the defendant’s prior two DWI convictions occurred sequentially, and the two prior convictions can arise from the same criminal transaction. Under Section 49.04(n), the state may offer evidence that a defendant has more than two prior DWI convictions. The Court of Criminal Appeals has ruled that the state may allege as many prior DWIs as it wants and still need not prove any more than two of them.
Enhanced DWI punishments by these prior convictions:
- 1 intoxication offense : Class A misdemeanor
- 2 or more intoxication offenses: 3rd degree felony
- Prior convictions are considered final whether the sentence is imposed or probated, for crimes committed on or after January 1, 1984.
- Deferred adjudication is not available for intoxication offenses under Chapter 49.
- Note the repel of the 10 year rule, which limited use of some prior convictions.
Contact
Dallas criminal lawyer Constantine Anagnostis dedicates his practice to people who are facing criminal charges, with a primary emphasis on DWI, Drug Offenses, Expunction & Nondisclosure Agreements, and Occupational Driver’s License Issues. Dallas criminal lawyer Constantine G. Anagnostis understands the law, procedures, and penalties pertaining to criminal law, and will aggressively fight to protect your rights. Dallas criminal lawyer Constantine Anagnostis provides the utmost personal dedication to each and every case, and truly cares about his clients. You may call 817-229-0319 to schedule a free consultation, or submit a sample case form. At the Law Office of Constantine G. Anagnostis, we look forward to helping you.