The law does not allow a deferred adjudication for a DWI. So deferred adjudication is probation for other offenses where the judge does not find the person guilty, and the judge defers the judgment. That is called the deferred adjudication; the judge defers the judgment of guilt. So if the person completes the probation period, then they are not convicted. Diversion programs are a little different from deferred adjudication.
Diversion programs typically involve a person entering into some type of program, like a probation program, but it is prior to actually going to court, and it is without appearing before the judge or having a judge rule on whether or not there is evidence to support the finding of guilt or that the person is guilty. Completion of a diversion program usually allows the person to complete the diversion program have the case dismissed, and expunge that case from their record. Now, typically in Texas, diversion programs are not available in DWI cases. There are some exceptions to that. We practice in some counties where diversion programs are available, but that is a little rare. We know what counties offer these diversion programs in a DWI case.
As a general rule, diversion programs are not available in DWI cases, and deferred adjudication is not allowed in a DWI case by law. It does not mean that we cannot handle the case and get a result where it is a deferred adjudication. We can get the prosecution to drop the DWI allegation and proceed on a different allegation like obstruction of a highway, and then deferred adjudication is a possibility. In some counties, diversion programs even for DWI are available.
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