Q: Can OK DA enhance misdemeanor DWI to felony with TX conviction over 10 years ago?
I received a DWI charge in Oklahoma, and I have a prior DWI conviction in Texas from over 10 years ago. Can the District Attorney in Oklahoma still enhance my misdemeanor DWI charge to a felony given the time lapse between the convictions? Or is the 10-year timeframe calculated from the last conviction to the current charge?
A: The 10 year timeframe is calculated starting at the termination of the first conviction to the date of the commission of the new crime. For example: A person was convicted in 2015 and sentenced (and served) 5 years (putting it at 2015 as start day) but then committed a crime in December 2024, then this could be enhanced because the 10year would not have lapsed until 2025. This is a crude example, but should give explanation to your question.
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