Channelview, TX asked in DUI / DWI for Texas

Q: has the supreme court determined if a prior conviction used for increasing punishment is an element of the offense,

an element that requires a jury determination.

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2 Lawyer Answers
Anna Summersett
Anna Summersett
Answered
  • DUI & DWI Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: Two jurisdictional priors in a DWI-Felony Repetition indictment are elements of the offense and must be proven beyond a reasonable doubt to the judge or jury unless plead to. If you are facing felony indictment, you will need to contact an experienced DWI attorney as soon as possible. Good luck!

Brian John Willett
Brian John Willett
Answered
  • DUI & DWI Lawyer
  • Arlington, TX
  • Licensed in Texas

A: Yes they are elements that must be proven to use the enhancement. In a put salt in the wound statement. The State will also be able to read off the prior DWI's if this charge is a felony. So basically, you go into the courtroom with twomstrikes against beforenyou even try your case.

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