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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 I was revoked on my prior DWI . . .

Minneapolis, MN |
Attorney answers 7

Posted

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.

Posted

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.

Posted

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 by any privilege and is not attorney-client communication. You should consult a lawyer promptly about your legal matter.

Posted

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. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights

Posted

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 with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter.

Posted

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.

Elisha Rachel Rudolph

Elisha Rachel Rudolph

Posted

*Note this is the law in NY, not MN.

Ethan Patrick Meaney

Ethan Patrick Meaney

Posted

In Minnesota they only way to get to a felony DWI (absent injuries to anyone or prior felony DWI convictions) is for the current offense to be the 4th in 10 years.

Posted

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 advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.

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