DWI and Deferred Adjudication

On September 1, 2019, a new law relating to first time DWI offenses was officially put into action in Texas. Under the new law, someone charged with a DWI could qualifiy for deferred adjudication. This means that there is an additional way that you could prevent a criminal conviction on a DWI charge. Previously, deferred adjudication was not an option for individuals facing DWI charges, but now, if you meet the qualifications, you could get deferred adjudication for a DWI and get the case dismissed at the end of the deferred period. The requirements to be eligible for deferred adjudication for a DWI are now:

• It must be your first DWI

• The Blood Alcohol Content must be lower than .15

• You must not have caused an accident

• You must not have caused an injury and/or death of another person

• You must not have a commercial’s driver’s license

If you meet the requirements above, then deferred adjudication may be right for you. However, it is important to note that as a condition, the law requires that individuals maintain an ignition interlock device on their vehicle during the period of deferred adjudication. For some people this may dissuade them from choosing deferred adjudication, but for others it is simply something that should be considered. Another important thing to note is that even if you are granted deferred adjudication on a first time DWI, that first DWI will still count as a conviction for enhancement purposes. This means that even if you successfully complete your period of deferred adjudication, if you are charged with another DWI in the future, then it will be charged as second DWI offense in Texas.

Before making a decision on what to do on your case, it is important that you speak with an attorney. Deferred adjudication is not always the best option for someone charged with a first time DWI and it important that you speak with a lawyer who can go over the details of your specific case and help you make the decision that is best for you. Please give our office a call now at 214-306-9696 for a free consultation and a personalized approach regarding you and your case!

*Note that nothing in this article is intended to be legal advice. For legal advice on any specific case you should contact an attorney directly.