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What constitues a 2nd alcohol offense

Beaumont, TX |

I received defferred disposition for a DUI minor a year ago, now I'm 21 and a few days ago I was arrested for DWI. Will I be tried as a DWI second offender?

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Attorney answers 1


No. First off, the DUI ticket was dismissed after completing deferred probation so it did not result in a conviction. Second, a DWI can only be enhanced to a DWI-2d if you were once CONVICTED of an offense of driving while intoxicated (NOT Minor DUI). So in this case, it will be charged as a DWI-1st.