When someone is charged with a DWI in Texas, they face some tough decisions from the very beginning.  Most good DWI Lawyers will lay the client’s options out for them in the very beginning and talk about the likelihood of those options becoming available in their case.  Some who have been through the system or who have maybe talked to friends, family, or other people in Jail will have some pointed questions about their options.  Many times, this conversation will come around to talking about Deferred Adjudication.  This is not an option for someone who has a DWI charge in Texas.

Deferred Adjudication Probation or is different from Regular or Straight Probation.  A Deferred Adjudication Probation does not result in a Conviction on the client’s record, and it allows the client to submit a petition for non-disclosure.  If someone on Deferred Adjudication Probation violates the terms of that Probation, and it is revoked, the state will have the full range of punishment to use against the Defendant.  Straight Probation does result in a Conviction that will be on the Client’s record forever.  If the terms of the Straight Probation agreement are violated and it is revoked, the state has a limited range of punishment to use against the Defendant.  That limited range is stated at the time of sentencing.

There are obvious advantages to a Deferred Adjudication Probation, but if you are charged with a DWI in Texas, that is not on the table.  To put that wisdom in prospective, Deferred Adjudication is available as an option for those charged with :

  • INDECENCY WITH A CHILD – Texas Penal Code Section 21.11
  • SEXUAL ASSAULT – Texas Penal Code Section 22.011
  • AGGRAVATED SEXUAL ASSAULT – Texas Penal Code Section 22.021
  • Almost any other Misdemeanor

A DWI charge forces people to make a very important decision very early in their case.  The choice is whether they are going to accept a Conviction, or aren’t they.  There are of course many alternatives to these two choices, but if your case is like the majority of cases, the choice is really that simple.  Thousands of DWI arrests in Austin, many not prosecuted.

This is important for DWI cases because many are first time offenders faced with a choice that DOES NOT allow them to plea guilty or no contest and accept a plea that results in anything else other than a Conviction for DWI.