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1st DWI's prior to 1994 were Class A and 1st DWI's after that were Class B. Can you petition court to change an A to B?

Houston, TX |

I just recently found out that my 1990 1st offense DWI (trial by judge), 2 yr probation, $200 fine, dwi class, 80 hrs community svc, no jail time) is on the books as a CLASS A. No priors, no enhancements, nada. This is a Class B all day long. I was attempting to obtain a professional license through the state, and it was found that I could not be issued a license because of the class A dwi. I was told that a 1st DWI prior to 1994 was a Class A, because it was looked at by the fines & penalties under vernon's civil statues to equal to a class A. After Sept.1994 legislature change the law to recognize a 1st DWI as a Class B. So because I received a DWI 4yrs earlier, I can NOT get a license, but if I would have got the DWI in 1995, I would qualify for a the license. What can I do to fix?

Attorney Answers 4


  1. No. Crimes are always classified based on the law that applied at the time the crime was committed. There is no way to change your old Class A into a Class B. All you can do is challenge the prior conviction through a habeas corpus action or ask the governor to issue you a pardon. The first is an uphill battle and the second is exceedingly unlikely.

    *** The fact that you solicited advice over a public forum waives any attorney-client privilege thus far. In addition, communications over this forum do not create any attorney-client relationship. To have a privileged conversation and/or establish an attorney-client relationship, contact me using the following information: Peyton Z. Peebles III Capitaine, Shellist, Peebles & McAlister, LLP, 713-715-4500 (office) 713-715-4500 (cell) Peebles@TexasLegalTeam.net www.TexasLegalTeam.net


  2. This is a class B all day long today. It was a class A all day long in 1990. The subsequent change in the statute does not affect your case. No judge has the authority to do anything about that. The only thing I could suggest is seeking a pardon through the board of pardons and paroles. The forms are on their website.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.


  3. Since the law at the time of the commission of the offense labeled the crime as a class A misdemeanor that is what you are stuck with.

    Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also, this question and answer is posted on a public forum and therefore any attorney-privilege is waived.


  4. Folks have about an 8% chance of being granted a pardon by the Texas governor. The success rate for misdemeanor applications is even worse, since a person must demonstrate even more harm than when applying for a felony pardon. Good luck.

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