Texans Can Receive Deferred Adjudication for Driving While Intoxicated!

 Posted on March 02, 2020 in Uncategorized

On September 1, 2019, the Texas Legislature passed a bill making it possible to receive Deferred Adjudication for a first time Driving While Intoxicated offense if they qualify. Once the person completes the deferred adjudication period the case is dismissed! Just because a case is dismissed does not mean it disappears! There is still a record unless a Judge signs an Order of Non-Disclosure. The Non-Disclosure can take place after the second anniversary of the completion date of the deferred adjudication community supervision period.

Can I get Deferred Adjudication for All DWI Charges in Texas?

A Driving While Intoxicated offense will not qualify for Deferred Adjudication if at the time the driver:

• Has a commercial driver’s license
• Involves a blood alcohol content of .15 or more
• Two or more Driving While Intoxicated arrests
• Driving While Intoxicated with Child Passenger
• Flying While Intoxicated
• Assembling or Operating an Amusement Ride While Intoxicated
• Intoxication Assault
• Intoxication Manslaughter

Will the ignition interlock device be installed on my vehicle as a condition of deferred adjudication?

Most likely YES. If a judge grants Deferred Adjudication community supervision for a Driving While Intoxicated than the Ignition Interlock Device will most likely be a requirement of the community supervision period. But the Judge may waive the interlock requirement if, after a substance abuse evaluation, the Judge determines that requiring the interlock is not necessary for the safety of the public.

When can I file for a Non-Disclosure?

A person may petition the court two years after successful completion of Deferred Adjudication community supervision for an order of non-disclosure. Remember, the individual must not get into any trouble during the two year wait period and must otherwise qualify under the non-disclosure law.

For more information on Deferred Adjudication in Texas, call Craig Dameron at 817-222-0624 or find us online.

For more information on the deferred adjudication bill click here