My Boyfriend was arrested back in July for DWI. The court is saying he had a prior DWI years ago. and are trying to sentence him with this being his second offense. Can anyone tell me how far back the TEXAS Courts go when searching for a DWI record and using it against a person today?
2007-01-22 14:35:49 · 10 answers · asked by misbhavinsatx 1 in Politics & Government ➔ Law Enforcement & Police
it's either five or seven years not exactly sure which one or the other
2007-01-22 14:39:47 · answer #1 · answered by Anonymous · 0⤊ 1⤋
I can't find evidence that there is a statute of limitations on DWI in Texas. Sentencing is based on how many times the driver has been caught driving while intoxicated. For the second offense, it is a Class A misdemeanor involving a fine of up to $4,000.00 and/or jail from 30 days to one year, and a possible driver's license suspension ranging from 180 days to 2 years.
The best bet is not to drive while drunk. If someone should be hurt in an accident where the driver is drunk, it becomes a felony and the time served and fines are a lot higher. The same applies if there is a child under the age of 15 in the car, even if the child isn't hurt.
2007-01-22 17:02:10 · answer #2 · answered by Behaviorist 6 · 0⤊ 0⤋
In Texas, if you have every had a DWI they will use it against you. It is probably that way in every state. Those stay on your record for ever. They don't go away after a few years, like traffic tickets with your insurance. Depending on the disposition of his initial case, whether he was convicted of DWI or just arrested for it, will have a direct impact on the outcome of this case. You can be arrested for suspicion of DWI and then not be convicted of anything. It will still show up as an arrest unless you have it expunged. Hope this helps.
Good luck.
2007-01-22 14:49:56 · answer #3 · answered by chapy354 2 · 1⤊ 0⤋
Law before sept. 05: you had to be able to link each DWI by 10 years (say 2006 would link to 1996; 1996 would link to 1986; 1986 would link to 1976)
law after sept 05; the 10 year rule no longer applies. If you have previous DWI convictions, the conviction date no longer matters.
They could use a DWI conviction in 1960 and 1976 and 1999 to make it a DWI 3rd (which is a 3rd degree felony in Texas)
**DWI 2nd in Texas is a class "A" misdemeanor which the punishment range is:
up to 1 yr in County Jail or 2 years probation
up to a $4,000 fine
2007-01-23 04:53:50 · answer #4 · answered by Steph 3 · 0⤊ 0⤋
DWI's follow you around forever. So if your boyfriend gets a background check for any reason it will be there. And since this is his second offense at DWI, the judge is going to nail him. Rightfully so. Should have called a cab !
2007-01-22 16:21:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋
When someone is arrested they usually run a criminal history check and anything they find can be used to show a history or a pattern. Now, if hes going to be given a background check for a job, then its usually 3-5 years back. But for court purposes, anything in his past can come back and bite him in the butt, or can sway a decesion of a judge or jury.
2007-01-22 14:46:21 · answer #6 · answered by Anonymous · 1⤊ 0⤋
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2016-10-15 23:27:43 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Either the sheriffs department or the police department can pull his driving record and sometimes for other states. If he does not have an attorney I would advise him to talk with one to see what is on his driving record and what deals can be worked out with the DA.
2007-01-22 17:25:22 · answer #8 · answered by FullofQuestions 2 · 0⤊ 0⤋
you did not explain what "years ago" meant. That probably means that he did not tell you about his history. If the court is charging him-the first record stands. have you thought about getting a different boyfriend?
2007-01-22 15:34:52 · answer #9 · answered by Anonymous · 1⤊ 0⤋
In any state...they no longer delete this information. They no longer have to because computers now take very little space to hold a *lot* of information.
So it all depends on when your state started saving all that information.
If you get a DUI nowadays.....it NEVER goes away. It will always be on your record...
2007-01-22 15:00:12 · answer #10 · answered by KarenS 3 · 0⤊ 0⤋