The New Fake Deferred Adjudication DWI Law
Don’t let the new fake DWI deferred adjudication bill fool you. The uninformed may choose to get a fake dismissal not knowing it is fake. The best thing to do is to analyze your DWI case properly and review all options to determine the best course of action.
What is it?
Before Sept. 1, 2019 there was no such thing as deferred adjudication for any type of DWI offense. Cases ended either in a DWI conviction, dismissed or reduced to a lesser charge (typically an “obstruction of a highway”).
A true deferred adjudication occurs when a defendant pleads guilty (or no contest, if allowed) to a charge. After successful completion of probation, the court dismisses the case. In other words, courts disallow use of the conviction in the future. This was a true second chance type of punishment. This represents the carrot and stick approach. If one finished the conditions of probation (as if convicted for the offense), the reward is a true dismissal.
Is the new DWI deferred adjudication law a real deferred adjudication?
The plain and simple answer is NO. No dismissal occurs. Prosecutors may use it in the future in the same way as a conviction can be. In the old days, a true deferred adjudication were unable for use against a person. The laws have changed. The DWI deferred adjudication is exactly like the family violence deferred adjudication. It counts as a conviction for enhancement purposes.
How others use the deferred adjudications against you
Now days, apartment complexes, employers and licensing agencies use successful deferred adjudications against a person in the same manner as a conviction. For example, Applications ask for “any criminal convictions” or for the circumstances surrounding placement on deferred adjudication. Licensing agencies are even barring people from certain vocational licenses due to deferred adjudication. For example, a mechanic or shop owner can’t even have the license to inspect cars if they are on deferred adjudication for DWI (barred for 10 years).
(g) For purposes of this section, a person is convicted of an offense when an adjudication of guilt or an order of deferred adjudication for the offense is entered against the person by a court of competent jurisdiction.
When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.
Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Fort Worth, DWI attorney Dallas County, DWI attorneys Collin County and DWI attorneys Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.