Can You Get Deferred Adjudication For A DWI In Texas?
Can You Get Deferred Adjudication For A DWI In Texas?
Facing a DWI charge in Texas can feel overwhelming, especially when you’re worried about the long-term consequences. Many people ask whether deferred adjudication is an option for a DWI charge in Texas. Deferred adjudication is a form of plea agreement where the defendant can avoid a final conviction if certain conditions are met. However, Texas law handles DWI cases differently from other criminal offenses. That’s why it is important that you understand how deferred adjudication works in Texas.
Deferred adjudication is not available for every DWI case. Texas laws have specific rules about when this option can apply and the conditions a defendant must meet to qualify. Understanding these requirements can make a significant difference in how a DWI case is handled and whether a permanent conviction can be avoided. Our goal is to explain how deferred adjudication applies to DWI charges, how it differs from other sentencing options, and how Texas statutes influence eligibility.
What Is Deferred Adjudication In Texas?
Deferred adjudication is a type of probation where a defendant pleads guilty or no contest, but the judge does not enter a formal conviction. Instead, the court delays final judgment while the defendant completes specific terms. If all conditions are satisfied, the case may be dismissed without a final conviction.
Under the Texas Code of Criminal Procedure §42A.101, deferred adjudication can be offered for certain offenses, but it has historically excluded DWI charges. This exclusion was based on the serious nature of DWI offenses and the public safety risks involved. However, recent changes to Texas law have created limited circumstances where deferred adjudication may be available for some DWI cases.
When Can Deferred Adjudication Apply To A DWI?
Texas law under §42A.102 now allows for deferred adjudication in certain DWI cases, but strict conditions apply. To qualify:
- It must be the defendant’s first DWI offense.
- The defendant cannot have a blood alcohol concentration (BAC) of 0.15% or higher.
- The DWI must not have involved an accident causing injury or death.
If granted, deferred adjudication offers an opportunity to avoid a final conviction. However, it is not a complete dismissal of the charges, and the arrest may still appear on background checks.
Key Legal Ramifications Of Deferred Adjudication For DWI
While deferred adjudication may prevent a formal conviction, it does have caveats:
- Ignition Interlock Device Requirement – Texas law requires the installation of an ignition interlock device (or similar alcohol testing device with court approval) during the probation period.
- Record Visibility – A DWI arrest may still appear on criminal background checks, even without a conviction.
- Future Penalties – If a person charged with DWI in Texas receives deferred adjudication and is later arrested for another DWI, the initial case can be used to enhance penalties.
Benefits Of Deferred Adjudication For DWI
While not perfect, deferred adjudication does offer some advantages for qualifying defendants:
- Avoidance Of Formal Conviction – Successful completion can prevent a permanent conviction from being entered.
- Potential Non-disclosure – An order of non-disclosure effectively seals the record from the public, however a specific list of government agencies and law enforcement will still be able to see record of the arrest.
- Rehabilitation Opportunities – Deferred adjudication often includes alcohol education programs that may help with long-term behavioral changes.
How Deferred Adjudication Differs From Regular Probation
Deferred adjudication and standard probation are often confused but have critical differences under Texas law:
- Deferred Adjudication – No final conviction is entered if all conditions are met.
- Regular Probation – A conviction is entered, but jail time is reduced or replaced with supervised release.
Both require compliance with court-ordered conditions, such as alcohol education, community service, and regular check-ins with a probation officer.
Potential Consequences For Failing Deferred Adjudication Terms
Failing to comply with deferred adjudication requirements can lead to serious consequences. If a defendant violates probation terms, the court can enter a conviction and impose full sentencing penalties. This may include jail time, fines, and permanent criminal records.
Deferred Adjudication FAQs
Can Deferred Adjudication Remove A DWI From My Record?
Deferred adjudication can prevent a formal conviction, but it does not completely erase a DWI from your record. Even after successful completion, the arrest may still appear on background checks. However, Texas law allows for orders of nondisclosure, which can seal certain aspects of the record from public view.
Is Deferred Adjudication The Same As Dismissal?
No. Deferred adjudication is not the same as a dismissal. It involves a guilty or no contest plea, with the judge delaying the conviction. If all terms are completed, the court may dismiss the charge without entering a conviction. However, the arrest remains visible unless sealed through a nondisclosure order.
Who Qualifies For Deferred Adjudication For DWI In Texas?
Deferred adjudication for DWI is limited to first-time offenders with no aggravating circumstances, such as a BAC of 0.15% or higher or causing injury or death. The court must also find the defendant suitable for community supervision.
Does Deferred Adjudication Prevent License Suspension?
No. Even if granted deferred adjudication, a DWI charge can still trigger an administrative license suspension through the Texas Department of Public Safety. License suspensions are often handled separately from criminal proceedings.
How Long Does Deferred Adjudication Last?
The length of deferred adjudication varies but often ranges from 6 months to 2 years. The specific length depends on the severity of the offense and the conditions set by the court.
What Happens If I Violate My Deferred Adjudication Terms?
If you violate the terms, the court can enter a conviction and impose the full sentence for the DWI charge. This may include fines, jail time, and a permanent criminal record.
Can A DWI With Deferred Adjudication Be Used Against Me In The Future?
Yes. If you face future DWI charges, a previously deferred adjudication can be used to enhance penalties as a prior offense because even though it is not a conviction, the law allows for it to be treated as one for subsequent Dwi related offenses.
Can Deferred Adjudication Affect My Ability To Rent An Apartment?
Yes, a deferred adjudication for DWI can affect your ability to secure housing. While it does not count as a formal conviction, the arrest and case details may still appear on a background check. Many landlords screen for any criminal history, including deferred adjudications, and may deny housing based on the presence of a DWI. However, an order of nondisclosure can help prevent this information from being publicly accessible.
Does A Deferred Adjudication For DWI Affect My Ability To Travel Internationally?
It can. Some countries, including Canada, have strict entry restrictions for individuals with alcohol-related offenses, even if the charge resulted in deferred adjudication. While it may not be considered a formal conviction, border officials may still see the arrest and charge, potentially limiting entry. Consulting with an attorney about nondisclosure options can be crucial for those who travel frequently.
Can I Expunge A DWI Deferred Adjudication In Texas?
No, a DWI case resulting in deferred adjudication cannot be fully expunged under Texas law. Expunction is reserved for cases dismissed without a conviction or those resulting in a not-guilty verdict. However, an order of nondisclosure may be available, which can prevent the record from being accessed by the general public.
Are Commercial Drivers Eligible For Deferred Adjudication For DWI?
No, under Texas law, commercial drivers charged with DWI are ineligible for deferred adjudication. Federal and state laws impose stricter standards for CDL holders due to the nature of their profession. A DWI conviction or deferred adjudication can lead to disqualification from holding a CDL, affecting employment and driving privileges.
Can Deferred Adjudication Affect My Professional License?
Yes, a deferred adjudication for DWI can impact certain professional licenses, such as those for healthcare workers, teachers, or real estate agents. Licensing boards may treat a deferred adjudication similarly to a conviction and could impose disciplinary actions or require disclosure during license renewals.
What Is The Difference Between Deferred Adjudication And Probation?
Deferred adjudication and probation share a few similarities. Deferred adjudication in Texas involves delaying a conviction while you meet court-ordered conditions. Once successfully completed, the criminal case can be dismissed without a formal conviction. Probation, on the other hand, follows a conviction, and the criminal conviction remains on your record forever.
Contact Our Galveston DWI Defense Lawyer For A Free Consultation
At Mark Diaz & Associates, we understand the stress and uncertainty that come with a DWI charge. Our legal team is dedicated to helping clients understand their rights and fight for the best possible outcome under Texas law. If you are facing a DWI charge in Galveston or Houston and want to know if deferred adjudication is an option, we are here to help.
Contact our Galveston DWI defense lawyer at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation. Our firm represents clients in Galveston, Houston, and throughout Texas. Let us help you protect your future and explore every available legal defense to your DWI case.