Asked 4/23/2016 – Pasadena, TX

I received a DWI in 2011 and after successfully completing the divert program, my case was dismissed. 5 years later (2016) I receive another one, and am currently awaiting trial. Since my first one was dismissed and I did not get a conviction, Will they treat my second one as my first DWI? or will I still have to face the charges of a second DWI?

Answer

Your current DWI will be charged as a DWI 1st since the case in 2011 was dismissed. The prosecutor, however, may give a more stringent plea bargain offer on this case, due to the prior law enforcement contact.