Can a DWI from 1993 be consided if the person had a DWI in 2009 and got one in 2012 to make it count as a TDC felony of DWI 3rd offense? I was told they cannot count if over 10 years. The 1993 case was in Georgia not Texas.
1 Answer from Attorneys
Years ago the law was that cases over 10 years old without intervening cases could not be used for enhancement purposes; that is no longer the law in Texas. Any conviction, any age, from any jurisdiction, can be used to enhance punishment and in Texas the 3rd DWI is a felony.