If you’re facing a DWI charge in Texas, you may have heard about something called “deferred adjudication.” This option became available for certain DWI cases in 2019, but many people don’t fully understand what it means or if they qualify.

This guide will explain deferred adjudication in plain language and help you determine if it might be an option in your case.

What Is Deferred Adjudication?

Deferred adjudication is a type of plea deal where you plead guilty or no contest to the charge, but the judge “defers” finding you guilty. Instead of a conviction, you’re placed on probation with specific requirements to follow. If you successfully complete all the requirements, your case can be sealed from your public record.

Think of it as a second chance. Rather than being immediately convicted, you’re given an opportunity to prove that you can follow the rules and make better choices. The court essentially holds your guilty plea in reserve while you complete a probation period.

For a DWI, this probation typically includes:

• Regular meetings with a probation officer
• Alcohol education classes
• Community service
• Installing an ignition interlock device in your vehicle
• Random drug and alcohol testing
• Paying certain fines and fees

The 2019 Law Change

Before September 2019, deferred adjudication wasn’t available for DWI cases in Texas. This option had actually been eliminated back in 1984, leaving prosecutors with limited flexibility in how they handled these cases.

The Texas 86th Legislative Session changed this by passing a bill that allows first-time DWI offenders to receive deferred adjudication. This was actually the fifth attempt to pass such legislation, with previous attempts being blocked partly due to concerns from advocacy groups like Mothers Against Drunk Driving (MADD).

The compromise that finally allowed the bill to pass was that, unlike traditional deferred adjudication, a DWI deferred adjudication can still be used against you if you get charged with another DWI in the future. This addressed concerns about repeat offenders while still giving first-time offenders a chance to avoid a permanent conviction.

At the same time, Texas also eliminated the controversial Driver Responsibility Program, which had imposed additional annual surcharges on top of regular fines. Instead, the new law implemented a new one-time fine structure for DWI offenses.

Who Qualifies for DWI Deferred Adjudication?

Not everyone facing a DWI charge is eligible for deferred adjudication. You may qualify if:

• This is your first DWI offense
• Your blood alcohol concentration (BAC) was below 0.15%
• You do not have a commercial driver’s license (CDL)
• Your case doesn’t involve injuries to others
• There were no children in the vehicle at the time of the offense

Additionally, if your case could be charged as a felony (like a third DWI or intoxication assault), you would not be eligible for deferred adjudication.

Important Limitations to Understand

While deferred adjudication can be beneficial, it’s important to understand its limitations.

Not a True Dismissal

Unlike traditional deferred adjudication for other offenses, a DWI deferred adjudication isn’t completely removed from your record. If you’re arrested for another DWI in the future, the court can still “resurrect” your deferred case and use it to enhance the penalties for your new charge.

Impact on Employment and Housing

Many employers, apartment complexes, and professional licensing agencies treat deferred adjudication similarly to a conviction. Applications often ask about both convictions and deferred adjudications, meaning you may still face consequences in these areas of your life.

Record Sealing Isn’t Automatic

While your record can be sealed after completing deferred adjudication, this doesn’t happen automatically. You must file for a non-disclosure order, and there’s a waiting period before you become eligible.

Still Costly

Even with deferred adjudication, you’ll face significant costs including:

• Court fees
• Probation fees
• Ignition interlock device installation and monthly fees
• Alcohol education program costs
• A one-time DWI fine (typically $3,000 for first offenses)

Why Legal Representation Is Essential

Navigating DWI deferred adjudication successfully requires experienced legal help for several reasons:

• First, determining if you’re actually eligible can be complex. The specific details of your case matter tremendously.
• Second, deferred adjudication isn’t always the best option. In some cases, fighting the charges might result in a complete dismissal, which would be better than deferred adjudication.
• Third, the requirements of probation are strict, and any violation could result in a conviction. An attorney can help you understand exactly what’s required and guide you through the process.
• Finally, an experienced attorney can help you with the record-sealing process after you complete your probation, ensuring you get the maximum benefit from deferred adjudication.

Get Experienced Legal Help With Your DWI Case

If you’re facing a DWI charge in Tarrant County, understanding all your options is crucial. At Norris Legal Group, we stay up-to-date on all changes to Texas DWI laws and can help you determine if deferred adjudication is right for your situation.

Don’t make decisions about your case without getting experienced advice first. One wrong choice could affect your driving privileges, your job prospects, and your future. Contact Norris Legal Group today for a free consultation to discuss your case and explore all possible defenses and options available to you.