Does a DUI count as a second one if I got my first one in another state?
If I get a DUI out of state, does it count as a 2nd DUI if I got one 12 years ago?
Answered By: Reeves Law Firm, P.C.
Technically yes. A second DUI/DWI does not have to take place in the same state. It only has to be a "final conviction" for DUI/DWI prior to the time of the second DUI/DWI. The prosecutor may or may not know about the first, so even though it is a second, you may be charged with another first.
Answer Applies to: Texas
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Cynthia Henley, Lawyer
In Texas, all DWIs from any state count regardless of the age of the prior or the lack of intervening cases. This is a law change from a number of years ago where cases had to be within 10 years of priors.
Answer Applies to: Texas
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of M. Elizabeth Foley
Assuming that you mean a DWI, not a DUI, yes the state and age of the prior don't affect it being classified as a 2nd. Whatever you may have had in the other state, as far as this one goes, you do mean DWI (a Texas DUI is something you can only get if you're under 21 and have been drinking at all and driving intoxication is not required).
Answer Applies to: Texas
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mark Thiessen, Attorney at Law
It depends. The law says the first has to be under the "same or similar" laws as Texas at the time of conviction. So you need to pull the law in that State and Texas for that year and DWI. Hire a great DWI trial attorney because it will most likely be your second and a third would be a felony.
Answer Applies to: Texas
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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