Understanding Deferred Adjudication DWI Texas:
For many years, Texas Deferred Adjudication for DWI was not possible. However, the laws have recently changed, and in some cases, deferred adjudication is a possibility. Deferred adjudication probation is a type of probation that does not result in a final conviction. However, be aware that it exists in a sort of “grey area” between a dismissal and conviction. It can typically be sealed from public view with a nondisclosure, but cannot be expunged from your record.
What is Deferred Adjudication for DWI in Texas?
Deferred Adjudication is a plea agreement in Texas where an individual accused of a DWI enters a guilty plea or no contest and is subsequently placed on probation without the entry of a formal conviction. This arrangement is particularly advantageous for individuals seeking to avoid a DWI conviction on their record. If the defendant successfully completes the probationary period under deferred adjudication, the court dismisses the original charge.
Unlike a standard conviction, deferred adjudication in Texas provides an opportunity for first-time DWI offenders to potentially bypass the severe consequences of a formal conviction. However, the deferred adjudication for a DWI offense will remain on the individual’s criminal records unless an experienced DWI attorney files for non-disclosure to seal these records. While this option can prevent a conviction, it is essential to understand that it does not equate to an expungement.
Eligibility for Deferred Adjudication in Texas
Eligibility for deferred adjudication for a DWI in Texas is generally reserved for first-time offenders with low blood alcohol concentration (BAC) levels between 0.08 and 0.14. The defendant must have no prior DWI convictions and a clean criminal history. Individuals who hold a commercial driver’s license (CDL) or were involved in incidents where a child was present in the car, or someone was injured or killed, are ineligible for this form of probation.
Prosecutors may work with first-time DWI offenders who meet these criteria, allowing them to waive the high BAC test and avoid a jury trial. This flexibility underscores the importance of hiring an experienced DWI attorney who can negotiate a favorable deferred adjudication plea bargain. The eligibility requirements set by Texas law ensure that only defendants with a lower risk profile can be granted deferred adjudication community supervision. During the initial hearing, the judge will evaluate evidence presented, prior convictions, and personal circumstances to decide whether to grant deferred adjudication.
For DWI deferred adjudication, an ignition interlock is required by statute. This can be done before your plea, and sometimes you can get credit for the time you had IID while on bond.
How Deferred Adjudication Works
Deferred adjudication operates by delaying the final determination of a defendant’s guilt until the probation period is complete. During this time, the defendant must adhere to specific terms, including regular meetings with a probation officer, completing community service, and possibly installing an ignition interlock device.
The primary advantage is that, upon successful completion of the DWI deferred adjudication probation, the original DWI charge is dismissed, and the defendant avoids a formal conviction. However, the deferred adjudication will still appear on their criminal record until non-disclosure is filed. Court records show the outcome, impacting future background checks and interactions with government agencies. Defendants should be aware that failure to comply with the conditions of deferred adjudication can lead to severe consequences, including the possibility of jail time and a permanent DWI conviction.
Consequences of Deferred Adjudication
One of the significant drawbacks of deferred adjudication for a DWI in Texas is that the record cannot be expunged. This means that while a successful completion of deferred adjudication avoids a conviction, the charge remains visible on background checks. However, filing for non-disclosure can help limit who sees the record, adding a layer of privacy for those who successfully complete deferred adjudication.
If the defendant fails to meet the probation terms, the prosecution can move to convict them, resulting in formal sentencing. Deferred adjudication also means that any subsequent DWI charges could be enhanced, as previous dismissed charges can still be used against the defendant. An experienced criminal defense attorney can assist in understanding these implications and navigating the process of completing deferred adjudication while minimizing the impact on the defendant’s life.
Texas DWI Deferred Adjudication Law
The legal framework for deferred adjudication for DWI in Texas is outlined in the Texas Code of Criminal Procedure Chapter 42A, Subchapter C. The judge has the discretion to place a defendant on deferred adjudication community supervision after receiving a guilty plea or nolo contendere. Before granting deferred adjudication, the judge must find sufficient evidence of the defendant’s guilt to defer further proceedings.
Deferred adjudication provides an alternative to the traditional criminal conviction, offering eligible defendants the opportunity for probation under certain conditions. Texas law mandates that the terms of community supervision be adhered to strictly. Violating these terms could lead to the revocation of deferred adjudication and the imposition of maximum punishment.
Completing Deferred Adjudication
Successfully completing deferred adjudication involves following the court’s specific conditions, which can include attending alcohol education classes, avoiding any new criminal charges, and completing community service. The probationary period can last up to two years, during which adherence to the terms is essential. Defendants who manage to complete the requirements will have their DWI charges dismissed, though the record of deferred adjudication remains.
To mitigate the long-term impact of having a DWI charge on record, defendants may seek a non-disclosure order through a petition filed with the court, accompanied by a filing fee. This process, while beneficial, still does not equate to a full expungement and requires the assistance of a skilled criminal defense attorney. Successfully completing deferred adjudication and obtaining non-disclosure can greatly reduce the consequences of a DWI charge in Texas.
Violating Deferred Adjudication Terms
Violating the terms of deferred adjudication can have severe consequences. If the prosecution believes that the offender has violated the conditions of their community supervision, they may ask the judge to convict the offender. Since the offender would have already admitted guilt, this could result in a sentence to any term—up to the maximum—in the statutory range. Aside from facing jail time, fines, and legal consequences, they will also have a permanent criminal record.
Some common reasons for violating deferred adjudication terms include:
-
Failing to attend all probation meetings
-
Failing to submit to random chemical testing
-
Failing to attend alcohol education classes
-
Failing to fit an ignition interlock device
-
Failing to pay all associated fees and fines
-
Committing a new offense
If the offender is found to have violated the terms of their deferred adjudication, the judge may:
-
Revoke the deferred adjudication and impose the original sentence
-
Modify the terms of the community supervision
-
Extend the period of community supervision
-
Impose additional penalties or fines
It is essential for offenders to understand the terms and conditions of their deferred adjudication and to comply with them strictly to avoid violating the terms and facing severe consequences.
Expunging a DWI Record
DWI charges dismissed through deferred adjudication cannot be expunged under Texas law. However, sealing the record through non-disclosure is an option that provides some level of confidentiality. A non-disclosure order limits access to the record, preventing it from appearing in most background checks. This protection is crucial for individuals concerned about employment opportunities and professional licenses.
The process of filing for non-disclosure includes paying a filing fee and ensuring all court requirements have been met. Background checks conducted by government agencies may still show the deferred adjudication record, so it’s important to understand that non-disclosure offers limited privacy rather than complete erasure. Consulting a criminal defense attorney experienced in Texas law can streamline this process and help navigate the potential obstacles to achieving a successful outcome.
Frequently Asked Questions about DWI Deferred Adjudication
Q: What is deferred adjudication for DWI in Texas?A: Deferred adjudication is a type of probation that allows first-time offenders to avoid a formal conviction if they complete community supervision successfully.
Q: How does deferred adjudication work for DWI in Texas?A: Deferred adjudication involves a plea agreement where the defendant pleads guilty or no contest, and the court sets terms for probation. If the defendant completes the probation successfully, the charge is dismissed.
Q: What are the benefits of deferred adjudication for DWI in Texas?A: The benefits of deferred adjudication include avoiding a formal conviction, not having a DWI conviction on your record, and potentially avoiding jail time and reducing the severity of other penalties.
Q: What are the drawbacks of deferred adjudication for DWI in Texas?A: The drawbacks of deferred adjudication include the fact that it is not a dismissal, the arrest and charge remain on your record, and failing to comply with probation terms can result in harsher consequences than the original sentence.
Q: Can I get deferred adjudication for a DWI in Texas if I have a commercial driver’s license (CDL)?A: No, you cannot get deferred adjudication for a DWI or any other kind of moving violation if you have a CDL.
Q: How long does deferred adjudication stay on my record in Texas?A: Deferred adjudication can remain on your record indefinitely, but you may be eligible to have your record sealed through a nondisclosure order.
Q: Can I get my record sealed after completing deferred adjudication in Texas?A: Yes, you may be eligible to have your record sealed through a nondisclosure order, but it depends on the specific circumstances of your case.
Q: What happens if I violate the terms of my deferred adjudication in Texas?A: If you violate the terms of your deferred adjudication, the prosecution may ask the judge to convict you, and you could face severe consequences, including jail time, fines, and a permanent criminal record.
Conclusion
Deferred adjudication for a DWI in Texas presents a unique opportunity for eligible defendants to avoid a formal conviction and mitigate the severe consequences associated with DWI charges. Understanding the nuances of deferred adjudication, including its potential benefits and long-term implications, is critical. Consulting with an experienced DWI attorney ensures that defendants can make informed decisions and successfully complete their probation.
Navigating the legal landscape of deferred adjudication requires a clear grasp of Texas law, the terms of community supervision, and the potential for sealing records through non-disclosure. By addressing these aspects, defendants can better protect their future and minimize the impact of a DWI charge on their lives.