Field sobriety Test

Deferred Adjudication and Driving While Intoxicated in Texas

Deferred Adjudication for DWI in Texas

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 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.

Contact Us

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.

Successful Deferred AdjudicationĀ 

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.

Qualifying for an Order of Non-Disclosure

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!