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Deferred Adjudication and Driving While Intoxicated in Texas

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In September 2019 the Texas Legislature made it possible to obtain deferred adjudication for a DWI charge. Deferred allows for the possibility of dismissal and an order of non-disclosure. Not all DWI offenses are qualified for deferred adjudication. For example, you cannot get deferred for driving while intoxicated with a child passenger, intoxication assault, and intoxication manslaughter. Another disqualifying factor is if the operator had a commercial driver’s license at the time of the offense. A previous conviction for DWI will prevent a person from obtaining deferred. Also, if the operator had a blood alcohol content of .15 or more, the person is disqualified from obtaining deferred adjudication.

After successful completion of the deferred adjudication, a person may petition the court for an order of non-disclosure. On Order of non-disclosure is an order preventing public entities such as courts and law enforcement from disclosing criminal records. The petition for non-disclosure cannot be filed until two years after completing the deferred adjudication. There are many issues that must be reviewed in order to determine if you qualify for a non-disclosure. One of which is a person’s prior criminal history. If the DWI involved an accident with another person or passenger within the same vehicle then you are prevented from obtaining a non-disclosure.

Deferred adjudication can be an effective disposition when a person is charged with driving while intoxicated. Rollings Wood & Pace are experienced Tyler, Texas criminal defense attorneys who can help you if you have been charged with a DUI. Contact us today for a free consultation!

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