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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 4391
Experience:  Almost 12 years of legal experience
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I am being charged with a 2nd dwi inthe state of texas, but

Customer Question

I am being charged with a 2nd dwi inthe state of texas, but My 1st was 25 years ago....Is there no statute of limitation on the 1st conviction????
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: Yes! The DA wants me to cop a plea for 18 months prob. $500 fine alchol evaluaton in exchange for no jail time........plus the I've been paying $84 a month since june to lease the breatherlizer in my car
JA: Anything else you want the lawyer to know before I connect you?
Customer: I feel like I'm getting ready to plea my life away.....right now can't go 100 miles beyound my door step. If they put me on probation I can't leave this state for a dditional year and a half......24 years and all Ive ever gotten was two traffic tickets.....now @ 49 they wants to pursue it as a dwi2......???? makes no since to me
Submitted: 3 days ago.
Category: Legal
Expert:  Hammer O'Justice replied 3 days ago.

Hello.

I'm sorry to hear about your situation. The statute of limitations is something that requires you to be charged within a certain number of years of a crime being committed. It is not applicable here because you were charged and convicted of the DUI. What you are talking about is called a "lookback period," meaning how long the state will "look back" to a prior conviction. Unfortunately, Texas is one of the strictest states with DUIs, and it doesn't have a lookback period, meaning any DUI conviction can count as a prior, no matter how long ago (to compare, some states have a "lookback" period of 10 years, meaning a prior must have happened within 10 years of the new charge to count). I wish I could give you better news, because it is pretty harsh, but unfortunately that is how the law in Texas works. What the DA is asking for is toward the lower end of the possible penalties for a second DUI, probably in deference to the fact that your other DUI was so long ago. But unfortunately by law this has to be treated as a second DUI.

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