Deferred Adjudication Unavailable in DWI Cases
DWI and Deferred Adjudication
Being charged with driving while intoxicated is a life altering event. Not only are you subject to the embarrassment of being arrested and appearing in court but you are treated differently than almost everyone one else in the courtroom. Why? You CANNOT get a deferred adjudication!
First, what is deferred adjudication?
A deferred adjudication is a type of probation. It was created by our legislature to give people with little to no criminal history another chance to keep a criminal offense off of their record. If you have ever received a traffic ticket, the odds are you eventually were placed on a deferred adjudication. This means that your case was resolved without you being found guilty of the charged offense. If you stay out of trouble for a short period of time and jump through some “hoops,” you can seal the record or have it removed completely.
More serious crimes get deferred adjudication
This same outcome is also possible for extremely serious crimes. For instance, a deferred adjudication is potentially available for:
- sexual assault
- aggravated robbery
- and many other serious crimes involving prison sentences.
Do you deserve it? Maybe. Can you get it? No.
Now you are thinking, “I’m a perfect candidate. I had one bad night. I’ve never been in trouble in my life and I return my library books on time!” Well, that simply doesn’t matter. A deferred adjudication is not available for a driving while intoxicated charge. No matter how clean your record is and no matter how many accomplishments you have earned in life, the Texas legislature has ruled that, if you are convicted of DWI, it will be on your record…always.
Your legal defense is important.
A lack of political courage often distorts fairness and results in overkill. You are no longer a living breathing person but a liability to the judge. This is yet one more reason why a person accused of driving while intoxicated needs a strong and competent defense. Our law firm knows how important it is to humanize and promote our clients. We know all of our clients on a personal level and not just statistics on a page.
A conviction for driving while intoxicated is for life and cannot be removed from your record once it is there.
For more information on deferred adjudication or to discuss your DWI or any other criminal case, call us at (713) 524-1010.