DWI Defense Attorney discusses Pre-Trial Diversion Program for Austin, Texas
Austin, TX Attorney, Kevin Bennett, introduces a new program available for defendants charged with their first DWI offense, and outlines its requirements.
Call The Law Office of Kevin Bennett at: (512) 476-4626 https://www.kevinbennettlaw.com/
“For someone that’s been arrested for a first time DWI offense in Travis county, they may be eligible for a relatively new program. That program is what we refer to as the DWI Pre-Trial Diversion Program. Not everyone that’s ben arrested for DWI is going to be eligible for that program. There’s various requirements that you have to meet just to be able to even apply. For example, there could not have been a collision involving another person. No one could’ve been injured. Your BAC could not be over a .20, and you could not have had any prior DWI offenses on your record; even if that case had been dismissed. So if you apply to Pre-Trial Diversion and you are accepted; and that’s something that I work with all of my clients with. We work on completing their application together, doing everything we can to put their application in the best possible position, so that when they submit it they have the best possible chance of being accepted into the program. If my client is accepted into the program, there is an agreement in place; to where my client agrees to do certain things. And if they do those things that they promise to do, the country attorney’s office promises that they will dismiss their DWI case. Typically the agreement will call for my client to do various alcohol counseling, stay out of trouble; no new arrests. And it will also require my client to obtain some type of alcohol monitoring device. It can be an alcohol monitoring device of their choice; and to maintain that monitoring alcohol device for up to a year. The various alcohol monitoring devices could be an ignition inter-lock device in their vehicle; it could be what we call a PAM or a portable alcohol monitor device that they blow into several times a day; or, most people aren’t going to pick this, but it could be the SCRAM device. That’s an ankle monitor that monitors someone’s alcohol intake. If my client is good on not having any violations on their alcohol monitor, and they stay out of trouble, and they do their counseling, the prosecution will dismiss my client’s case. And that’s not the only benefit to having your case dismissed; pursuant to Pre-Trial diversion. There’s also another benefit. Texas law allows for an immediate expunction of a case that’s been dismissed pursuant to a qualifying Pre-Trial Diversion program. So while some people may have their case dismissed for whatever reason, there’s typically a two year; at least two year waiting period on that. But if you have your case dismissed pursuant to Pre-Trial Diversion; a successfully completed Pre-Trial Diversion, you’re immediately eligible for expunction.”