The New Fake Deferred Adjudication DWI Law
Don’t let The New Fake Deferred Adjudication DWI Law bill fool you. The uninformed may choose to get a fake dismissal not knowing it is fake. Mimi will analyze your DWI case during a full case evaluation 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, dismissal or reduction 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 successfully completing probation, the court dismisses the case. In other words, the State cannot use the case against you. This was a true second chance type of punishment. True deferred adjudication 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.
Will I receive a true dismissal after DWI deferred adjudication?
The plain and simple answer is NO. The case still exists. Prosecutors may use it in the future in the same way as a regular conviction. In the old days, true deferred adjudications were unable for use against a person. But, the law changed. The DWI deferred adjudication is exactly like the family violence deferred adjudication in that it counts as a conviction for enhancement purposes.
How others use the deferred adjudications against you
Nowadays, 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. This might mean that a mechanic or shop owner can’t even have a license to inspect cars if on DWI deferred adjudication (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.”
More about Mimi Coffey
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 Tarrant County, 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.