In the state of Texas, deferred adjudication is only available for DWI first-offenders. The judge issues community supervision in place of jail time and a DWI conviction.
Deferred Adjudication Community Supervision vs. Regular Community Supervision
Deferred Adjudication Community Supervision
As previously stated, deferred adjudication community supervision for DWI allows a defendant to stay in the community - under the supervision of the court - rather than go to prison. It's basically a probationary period to see if the defendant has learned from his or her mistake. During this period, if the terms set forth by the judge are violated - like failing a drug test, failing an IID (Ignition Interlock Device) test, or failing to report to probation - the defendant could be sentenced to the maximum penalty for the DWI charge.
Regular Community Supervision
Regular community supervision - known as "straight probation" in Texas - oftentimes still leads to a DWI conviction. After the defendant either pleads guilty or "no contest," he or she is given a jail sentence.
When Is Deferred Adjudication Issued in Texas?
Deferred adjudication community supervision is available in Texas for less severe DWI offenses. The official Texas Deferred Adjudication Community Supervision statute states that a defendant is eligible if:
"... in the judge's opinion the best interest of society and the defendant will be served, the judge may, after receiving a plea of guilty or nolo contendere, hearing the evidence, and finding that it substantiates the defendant's guilt, defer further proceedings without entering an adjudication of guilt and place the defendant on deferred adjudication community supervision."
In the state of Texas, deferred adjudication community supervision is only available for DWI first-offenders, as long as there was no collision or injury involved, and if the driver's BAC (blood alcohol concentration) was below .15.
What Are the Terms of a Deferred Adjudication in Texas?
Felony Case: Deferred adjudication community supervision in a felony case cannot exceed 10 years and no less than five years, depending on the type of felony.
Misdemeanor Case: Deferred adjudication community supervision in a misdemeanor case cannot exceed 2 years.
For both felony and misdemeanor cases, the judge can choose to dismiss the defendant before the expiration period.
What Happens After the Expiration of a Deferred Adjudication in Texas?
Once all conditions set forth by the judge have been met, the court can dismiss the case. A DWI conviction will not appear on your record. Your attorney can then arrange for the DWI offense and the deferred sentence to be sealed by filing a petition for Non-Disclosure.
A Non-Disclosure basically stops public entities, law enforcement agencies, and any Texas prosecutorial offices from sharing information about the DWI offense. Once received, the court then determines whether or not the non-disclosure is in the best interest of justice.
Final Thoughts
It's a complicated process, I know. That's why I do the dirty work. If you've been charged with a DWI in Texas, call me today. I will fight for complete dismissal by challenging the evidence on your behalf.