Q: Can I be convicted of a third degree felony on a second DWI conviction?
I am being charged with a third degree felony DWI.
With my first two charges I was only convicted of one. Can they convict me of a felony even though I only have one CONVICTION on my record?
A: If no special aggravating circumstances are being alleged (for example, that someone was seriously injured in an accident resulting from your alleged DWI), and you are charged with regular DWI, then the State needs to prove that you have two prior CONVICTIONS. You can be charged with third-degree felony intoxication assault even if you have no priors.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
