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  • Writer's pictureBrad Thornton

San Antonio DWI Attorney: Can a DWI or DUI from another state be used to enhance my Texas DWI?

As a San Antonio DWI lawyer, I understand the concerns of those facing DWI charges in Texas, particularly those with a previous DUI or DWI conviction from another state. In this blog post, I will address the question of whether a previous DUI or DWI conviction from another state can enhance your current DWI charges in Texas. As a San Antonio DWI attorney, I offer free consultations to those in need of legal assistance. If you have been charged with a DWI in San Antonio, Texas, contact my office at 210-439-5627 to schedule a consultation.


Difference Between DWI and DUI


In Texas, the terms DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are often used interchangeably, and both refer to driving while under the influence of drugs or alcohol. However, there is a legal distinction between DWI and DUI in the state when it comes to the age of the driver.


DWI applies to adults who drive while legally intoxicated, meaning that they have a blood alcohol concentration (BAC) of 0.08% or higher or they have lost the normal use of their mental or physical faculties because of alcohol or some other substances, including drugs. On the other hand, DUI applies to minors (under the age of 21) who drive with any detectable amount of alcohol in their system.


In other states, the legal distinction between DWI and DUI may be different. As previously mentioned, some states use DUI to refer specifically to driving under the influence of alcohol, while using DWI to refer to driving under the influence of drugs or other substances. However, despite these legal distinctions in some states, the terms DUI and DWI are often used interchangeably throughout the United States, and most states use the terms to refer to the same offense - driving while impaired by alcohol or drugs.


Enhancements for a Second DWI and DWI 3rd or More in Texas


In Texas, if you're charged with a second DWI offense, you can face enhanced penalties. For instance, a second DWI offense is a Class A misdemeanor, which carries a minimum jail sentence of 30 days and a maximum of one year, as well as a fine of up to $4,000. Additionally, you may face a license suspension of up to two years.


If you're charged with a third or subsequent DWI offense, the penalties become even more severe. A third DWI is a third-degree felony, which carries a minimum jail sentence of two years and a maximum of ten years, as well as a fine of up to $10,000. You may also face a license suspension of up to two years.


These enhancements do not apply if you were previously convicted in Texas for DUI. If the previous conviction was a DUI in another state, the enhancement will most likely apply. The test is whether the offense in the other state prohibited the operation of a motor vehicle, boat, or aircraft while intoxicated.


Requirement of a Conviction


While a previous DUI or DWI conviction can enhance your current charges in Texas, the state may have difficulty proving the conviction depending on the state in which it occurred. This is because each state has different laws and procedures when it comes to DUI and DWI convictions. However, an experienced criminal defense attorney can help you navigate these issues and work to minimize the impact of a previous conviction on your current charges.


Proving the Conviction


As a San Antonio DWI lawyer, I understand that the state may have difficulty proving a previous DUI or DWI conviction depending on the state in which it occurred, as each state has different laws and procedures. However, I have the knowledge and experience to help you navigate any challenges that may arise in proving the conviction. As a San Antonio DWI attorney, I will work tirelessly to protect your rights and minimize the impact of any previous conviction on your current charges.


San Antonio DWI Attorney Brad Thornton


Whether you are facing a DWI or DUI charge in Texas or another state, it is important to understand the potential consequences and seek the assistance of a knowledgeable and experienced attorney. As a San Antonio DWI attorney, I have the expertise and skill to help you navigate the legal system and achieve the best possible outcome in your case.


I am board certified in criminal law and a former chief prosecutor who was on the DWI task force. This experience has given me a unique perspective on the criminal justice system and has helped me to develop effective strategies for defending clients facing DWI and DUI charges. I am committed to providing each of my clients with personalized attention and aggressive representation, and I will work tirelessly to help you protect your rights and your future.


If you are facing DWI or DUI charges, do not hesitate to contact my office at 210-439-5627 for a free consultation. I am dedicated to helping you achieve the best possible outcome in your case, and I look forward to assisting you.

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