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Can the state of texas use my previous 2 dwi's from 18 and 20 yrs ago against me for prosecution of a third one?

Waco, TX |
Attorney answers 4


Yes. The ten-year rule was thrown out by the legislature long ago. These priors will be used to enhance your current case to a felony. You need to hire an experienced DWI attorney as soon as possible.

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.


Unfortunately, they can. Now is the time to hire the best DWI defense lawyer you can find.

James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. I only represent people accused of DWI in Texas.


The state can basically go back to the early 80's. There is no longer a 10 year look back rule. You need an experienced DWI lawyer as a 3rd DWI is a felony.
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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,


The State can use your prior convictions to charge you with a felony on a third offense. There is nothing about how old they are that presents a hurdle for them. Whether they can prove the prior convictions is another a different question. You need to have your lawyer or a lawyer experienced with all of the things that could be problems with the judgment or the ability of the state to adequately prove the prior convictions review the matter. There are potentially many things that could prevent the state from being able to use the prior convictions at trial. The scope of those issues are well beyond a short answer.


W. Troy McKinney
Schneider & McKinney, P.C.
440 Louisiana
Suite 800
Houston, Texas 77002
713-224-6008 (fax)
Board Certified in Criminal Law - Texas Board of Legal Specialization
Board Certified in Criminal Appellate Law - Texas Board of Legal Specialization
Board Certified in DWI Defense, National College for DUI Defense (NCDD)
NCDD Certification Program Approved by the American Bar Association
and Accredited by the Texas Board of Legal Specialization.
Dean -- National College for DUI Defense