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Can a first conviction of DWI be introduced into trial for a second DWI in texas?

Canyon Lake, TX |

What it the arresting officer in the 2nd DWI charge asks on recorded video if you've had a prior DWI and you admit yes, and it's recorded on video?

Attorney Answers 6

  1. Best answer

    The defense attorney files a motion in limine to keep that portion of the video out. It will be granted. Then the prior only comes in if the defense opens the door to it.

    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 for more information about her services and recent victories.

  2. If the door to let in the prior is not opened (for example by the accused saying, "I've never been through this kind of thing" or his/her mom says, "Little Johnny would never do something like this".......), then it is not admissible. The lawyer for the accused will have prepared an objection and have a copy of the edited version ready to substitute when the prosecutor offers the damning information.

    Cynthia Henley

  3. I assume you have retained a criminal defense attorney in your area to defend you. If not, do so ASAP. Your attorney will review the video evidence pretrial, make a motion to excise/redact that portion or get a judicial ruling to exclude that portion if shown to the jury in trial.

    Your prior record is generally not admissible in trial unless you are charged under your state law as a status offender ( DUI-Second) and if so your attorney will make a motion to bifurcate the trial; another exception is if you take the stand and deny any prior conviction for DUI, then the judge will allow the prosecutor to impeach you with your prior record. Your defense attorney will explain all of this to you.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

  4. Also be aware that if convicted, the information will be able upon sentencing.

    Law Office of David D. White, PLLC
    1205 Rio Grande St.
    Austin, TX 78701
    (512) 369-3737

  5. Generally, the fact that you were convicted of a previous DWI is inadmissible at trial. However, as my colleagues have stated, there are instances where the prior conviction could come be brought up.

  6. Prior misdemeanor convictions are not generally admissible in the guilt innocence phase of a trial. In the punishment phase pretty much anything is fair game.

    Austin Jail Release and DWI Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,

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