Yes they can go by the conviction date or the revocation date. You should contact an experienced DWI attorney to assist. Good luck.
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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.Ask a similar question
Yes they probably can enhance. The conviction date is what matters.
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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 rightsAsk a similar question
Yes - the conviction date may be used. Yo must consult with counsel regarding available defenses
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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.Ask a similar question
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.Ask a similar question
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