DWI Deferred Adjudication
If you’ve been charged with a first-time DWI, you may be eligible for what is known as deferred adjudication. This requires you to enter a plea of guilty in court with the promise of being able to defer punishment and seal your records in the future.
However, not all crimes, including DWIs, are eligible for deferred adjudication.
We’ll go over the qualifications for deferred adjudication and how it differs from pretrial diversion programs (PDP) in the following article.
Austin Deferred Adjudication Lawyer
Deciding whether or not to accept a deferred adjudication program can be complex, and the prosecution’s office may try to get you to admit guilt to a DWI when you do not need to.
The best practice is to consult a seasoned DWI defense lawyer like the attorneys at The Law Office of Kevin Bennett. Kevin Bennett will provide key defense guidance and help you decide whether or not to move forward with deferred adjudication. Kevin Bennett will also help file your paperwork and make the process as painless as possible.
Contact The Law Office of Kevin Bennett today to discuss your options for protecting your future in West Lake Hills, Austin, Rollingwood, Travis County, Sunset Valley, Pflugerville, Lago Vista, Lakeway and the surrounding areas. Kevin Bennett will review your circumstances and put you in the best position to receive the record sealing or expunction you desire.
Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule a consultation on your sealing or expunction options. Your initial consultation is free and it is the first step in cleansing your criminal record.
- Understanding Deferred Adjudication
- Expunction Timelines for DWIs
- Negatives of Agreeing to Deferred Adjudication
- Additional Resources
- Hire a Deferred Adjudication Lawyer in Austin, Texas
What is Deferred Adjudication
Deferred Adjudication involves entering a guilty plea at court and accepting certain terms to avoid criminal punishment. These terms can include the use of monitoring, education and service programs.
Once completed, you may apply for record sealing or expungement after a certain amount of time. It’s important to keep in mind that failing to uphold the terms of your deferred adjudication may result in a harsher sentence than simply fighting the DWI conviction in the first place.
What Qualifies for Deferred Adjudication?
The requirements for Deferred Adjudication are the following:
- It must be your first DWI charge
- Your BAC must have been under .15
- There must not have been a collision or injury at the time of the DWI stop
- You must be 17 or older
These requirements may be adjusted at will be the Travis County prosecutor’s office.
What Do You Have to Do for Deferred Adjudication?
Every deferred adjudication decision is slightly different. However, for DWI charges, you must generally agree to the following:
- Use an ignition interlock device
- Complete Community Service
- Complete a Substance Abuse Awareness Course
- Don’t get arrested for the probation period
What is the Difference Between Deferred Adjudication and a Pretrial Diversion Program?
The key difference between the two programs is that deferred adjudication requires you to attend court and to plead guilty to the crime at court. In addition, while pretrial diversion programs do not show up on a background check, deferred adjudication settlements will. You will need to apply for record sealing and expungement once the provided time period has elapsed for deferred adjudication settlements.
How Long Until I can Expunge or Seal My DWI?
Most Class B and A Misdemeanor DWIs require a 1-year period after the completion of your deferred adjudication period before you can get your record sealed or otherwise expunged. This is in accordance with Texas Code of Criminal Procedure 55.01. If you qualify for deferred adjudication under a felony conviction, this period is increased to three years, provided you are not found guilty of another crime within this time frame.
The Negatives of Deferred Adjudication
Deferred adjudication is not always the best option. While it can be used to reduce sentencing and avoid an actual conviction, agreeing to a deferred adjudication settlement may result in receiving harsher penalties than you may have otherwise faced.
Always consult with a licensed attorney before agreeing to deferred adjudication. If you have a strong case, you may be able to avoid a guilty sentence altogether.
In addition, failing to uphold the terms of the settlement may demonstrate repeated and untreated behavior, leading to harsher penalties.
Additional Resources
Expungements – Read more about expungements and sealing orders on our website. The attached article goes more in depth on the costs, qualifications and process of receiving an expungement.
Deferred Adjudication – Read more on deferred adjudication for non-DWI crimes. This article goes more in-depth on non-DWI crime adjudication.
Hire a DWI Deferred Adjudication Lawyer in Austin, Texas
Contact The Law Office of Kevin Bennett today to discuss your options for protecting your future in West Lake Hills, Austin, Rollingwood, Travis County, Sunset Valley, Pflugerville, Lago Vista, Lakeway and the surrounding areas. Kevin Bennett will review your circumstances and put you in the best position to receive the record sealing or expunction you desire.
Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule a consultation on your sealing or expunction options. Your initial consultation is free and it is the first step in cleansing your criminal record.
