Can you get a deferred adjudication for a Texas DWI case?
It is possible to get a deferred adjudication for certain Texas DWI cases. A deferred adjudication is a type of probation that gives the defendant a chance to avoid a formal criminal conviction. If the defendant completes certain probation conditions, the judge agrees to defer a formal “conviction”. The defendant may later file a Petition for Non-Disclosure to get the records of the case sealed. This can be better for a Defendant than a straight conviction. It looks better for housing, future employment, possible professional licensing, and general background checks. Yet a Non-Disclosure Order is NOT the same as an expunction. It does not erase the record from all government and law enforcement purposes.
Generally, the Texas DWI cases where a deferred adjudication is possible are Class B misdemeanors where the driver’s Blood/Alcohol level is less than 0.15, the driver has no prior DWI convictions, there was no accident, and the defendant didn’t have a commercial driver’s license at the time of the arrest. It’s governed by the Texas Code of Criminal Procedure Article 42A.102. A deferred adjudication can be a useful plea negotiating tool where the prosecutor will not dismiss a case, but the defendant wants to avoid the stigma of a “conviction”.
Yet there are also several disadvantages to a deferred adjudication for a Texas DWI conviction. The main disadvantage is if the prosecutor later files a Motion To Adjudicate Guilt for allegedly violating the probation terms, the Defendant faces the full range of punishment. It still counts as a “prior DWI” for enhancement purposes when the defendant later gets arrested for another DWI. The Defendant may still have to pay the “DWI Surcharge” to the Texas Department of Public Safety for a deferred adjudication. A judge can still require an ignition interlock device as a condition of deferred adjudication. Finally, insurance companies treat a deferred adjudication the same as a conviction. This means the defendant still has to pay dramatically higher insurance premiums.
The bottom line is that a deferred adjudication is sometimes the least bad option. It’s not as good as a dismissal. It’s not as bad as a conviction. Yet sometimes it’s in the defendant’s best interest to choose the least bad option. One of the reasons I like handling Class B misdemeanor Texas DWI cases is that the defendant doesn’t face a long prison sentence when they go to trial and lose. However, I also understand why some defendants want to avoid a formal conviction.
Every DWI case is different. The right strategy depends on the facts, the prosecutor, and your personal circumstances. Contact us today for a free consultation and let us help you determine the least bad option — or better.