Garden-Variety DUI to Felony: The Fifth District’s Limitation of Prior Conduct
By Theodore Harvatin
Traffic Laws and Courts,
July 2025
In People v. Cruz Aguilar, the Fifth Circuit determined that felony enhancement of a DUI charge at such time as driving privileges are impaired from other than an open SSS, or other than from an open revocation for DUI or Reckless Homicide or leaving the scene of a death or injury crash is not warranted. This ruling put the Fifth District at odds with the Second District.
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