Benefits of Deferred Probation in a DWI case

Deferred probation is a disposition in which a Defendant is placed on probation, and upon successful completion, the case will not result in a final conviction. A prosecutor may offer deferred probation on a DWI if certain statutory requirements are met (i.e. no prior DWI’s and a BAC level under .15). Certain aggravating factors such as an accident may weigh against the prosecutor making such an offer. In some cases, an attorney may be able to negotiate deferred probation even if the statutory requirements are not initially met.

There are several benefits of deferred probation. First, the case does not result in a final conviction. Therefore, no final conviction is posted on your permanent record or driving record. This avoids any insurance implications, there is no drivers license suspension, and there is no
imposition of the DPS “super fine” which can range up to $6,000. Also, upon successful completion of deferred probation, a Defendant may be eligible to have the DWI arrest non-disclosed if certain statutory requirements are met. A non-disclosure will bar public viewership of the DWI arrest.

There are some disadvantages of deferred probation. First, in almost all cases, the Defendant will be required to have a Deep Lung Device (DLD) installed in his or her vehicle. Secondly, if a Defendant gets arrested for a second DWI, the first DWI (even if deferred probation is successfully completed) can still be used to enhance the second offense to a DWI 2nd , a Class A misdemeanor. Always inquire with your attorney as to the possibility of obtaining deferred probation on your DWI case.