If a first DWI charge did not lead to a conviction, will a second DWI charge be held to the same fines and penalties?

Asked in Saginaw, TX - almost 2 years

If a first DWI charge did not lead to a conviction, will a second DWI charge be held to the same fines and penalties? Or will the first not "count" and the second charge- if found guilty - lead to the fines and penalties that come with a first conviction.

Attorney Answers (2)

Cynthia Russell Henley

Houston Criminal Defense Attorney

Licensed in TX

2

0

Answered almost 2 years ago. If there was no DWI conviction on the first charge, then it cannot be used to enhance punishment on a second arrest. The second arrest would be a DWI first. (However, the prosecutor making an offer who sees that there was a prior DWI that was dismissed or otherwise not prosecuted will likely up their offer to something more than a first offender might receive.)

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Charles Elwood Soechting Jr.

Dallas Criminal Defense Attorney

Licensed in TX

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Answered almost 2 years ago. It will not be used to enhance you to a DWI2nd and the punishment range associated with a Class A Misdemeanor but the terms of your probation will likely be a little more stringent than a real first time DWI offender because the ADA will know of your prior situation most likely.

If you are facing a DWI you need an attorney.

Although my intent in answering this question is to aid you in the legal process, my answer does not establish an... more