Q: Can I be charged with a dwi2 without being convicted of 1st dwi.
A: If the prosecution cannot prove you have a prior DUI conviction that is substantially similar to d dui in VA, you can't be convicted on a DUI 2nd.
A: You can still beconvicted of DUI. However, to convict you of the enhanced charge of a second or subsequent offense, the prosecution must prove the prior offenses.
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