DWI enhancement. I am wondering if my prior DWI can be used to enhance a recent one I got. I was revoked on my prior DWI . . .

Asked 4 months ago - Minneapolis, MN

. . . more than 10 years ago, but was convicted less than 10 years ago. Can they use it to enhance? Thank you for your help.

Attorney answers (7)

  1. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Yes they can go by the conviction date or the revocation date. You should contact an experienced DWI attorney to assist. Good luck.

    This is not intended as legal advice. No attorney / client relationship exists because of this response.
  2. Derek Anthony Patrin

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . A criminal DWI charge can be enhanced by a qualified prior impaired driving incident that occurred within ten years. A "qualified impaired driving incident" is defined as either a license revocation or a DWI/Test Refusal conviction. Each one is calculated according to the date it was imposed, NOT the date of the actual offense. In your situation, the State can use the criminal conviction to enhance the new charge. Seek experienced DWI representation in your area, which you can find on this website.

  3. Samuel John Edmunds

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . Yes they probably can enhance. The conviction date is what matters.

    Do not rely on this information. My office accepts clients from Avvo, but this initial impression is not protected... more
  4. Douglas Troy Kans

    Pro

    Contributor Level 9

    6

    Lawyers agree

    Answered . Yes...as long as your criminal conviction was within 10 years of the date of your current offense. To be clear, If you plead guilty to the DWI, then your conviction date would be the actual date you were sentenced for the DWI and not just the date you plead guilty. However, in most DWI cases, an individual is sentenced the day they plea. However, in some counties, the court may require a PSI and return for sentencing. In those cases, your conviction date would be the date you returned and were sentenced.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  5. Maury Devereau Beaulier

    Contributor Level 19

    4

    Lawyers agree

    Answered . Yes - the conviction date may be used. Yo must consult with counsel regarding available defenses

    Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement... more
  6. Tricia Dwyer

    Contributor Level 19

    3

    Lawyers agree

    Answered . Conviction date is a key. See statutory definitions. Talk with your attorney and she/he will advise you on your personal issues. Tricia Dwyer Esq.

    MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal... more
  7. Elisha Rachel Rudolph

    Pro

    Contributor Level 4

    2

    Lawyers agree

    Answered . If your conviction was for misdemeanor DWI and it was less than ten years ago, the District Attorney's Office can charge your current misdemeanor DWI arrest as a felony. In addition, prior DWI's can be used to enhance sentences on current alcohol related offenses.

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