DWI Enhancement Savings Claus
Effective September 1, 2005, the state repealed the “10 year rule” in Texas Penal Code 49.09(e). However, there is a savings clause that says the following:
“The changes in law made by this Act apply only to the penalty or the terms of community supervision for an offense under Chapter 49, Penal Code, that is committed on or after the effective date of this Act. The penalty and the terms of community supervision for an offense under Chapter 49, Penal Code, that was committed before the effective date of this Act are covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.”
The law does not allow an old conviction for DWI Enhancement if it is over 10 years old (from the date of offense) as long as there is no intervening DWI conviction. However, the Court of Criminal Appeals continues to ignore this savings clause and uphold convictions the law says they cannot.
Old ‘True Deferred’ DWI Probation
Additionally, under older DWI statutes, certain probated DWIs did not count as “convictions” for purposes of enhancement. Put differently, older probation sentences acted like a true deferred adjudication where the court would dismiss the DWI upon successful completion of probation. While this rule stuck around for a while, the law now states that “a conviction for [a DWI offense] that occurs on or after September 1, 1994, is a final conviction, whether or not the sentence for the conviction is imposed or probated“. While worded ambiguously, they look at the date of conviction, not the date of offense. To illustrate, this means that an arrest that occurred in early 1994 but did not reach conviction until September 2, 1994 could be used for DWI enhancement.
More about Mimi Coffey & The Coffey Firm
When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.
The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), and Possession charges. We can also help you try to get a DWI off your record or avoid probation revocation.
Mimi is also listed on several “top criminal lawyer near me” directory listings such as Wise County DWI Lawyers, Tarrant County DWI Lawyer, Dallas County DWI attorney, Collin County DWI attorneys and Parker County DWI attorneys. Mimi is a caring DWI Lawyer in Dallas – Fort Worth. She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.