Q: Got DWI in AR, then 2 more in TX. Missed AR Court date. Will AR DWI count as 3 for here in TX?
SIL had a DWI in AR right before moving to TX. Went to jail, bonded out. While here in TX, she has had 2 more DWI. She is currently in jail, and because of this, she missed her AR court hearing. Will her DWI in AR count toward her strikes here in TX? She is also facing 3rd degree felony Proh Substance/Item In Correctional Facility (cocaine).
A: Only a final conviction for a DWI can be considered a "jurisdiction prior" to enhance her to a DWI Misdemeanor Repetition or a DWI Felony - Repetition. Because she is not currently convicted of her Arkansas DWI, it cannot be used to enhance her. It can, however, be used as punishment against her in trial or plea negotiations. In Texas, your second DWI conviction is a Class A Misdemeanor and your third DWI is a Third Degree Felony punishable by up to 10 year in the pen. Those things considered with a 3rd Degree Felony POCS, she will need an excellent and experienced criminal defense attorney to represent her. Find an attorney in your area and meet with them for a free consultation to discuss your options.
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