Law & Legal & Attorney Criminal Law & procedure

Bill Would Allow Deferred Adjudication for First DWI in Texas

A new proposal in Texas would allow deferred adjudication as an option for first time DWI offenders.
The goal of the new law would be to ease caseloads that are clogging the courts and focus attention on punishing repeat offenders.
Deferred adjudication is a type of plea where someone will essentially plead guilty or no contest to the charges against them with the understanding that if they complete the terms of their plea, they can avoid a formal conviction or have their case dismissed.
Completing deferred adjudication does not necessarily mean that someone is getting a free pass.
Conditions can include lengthy community service hours, classes, fines, court fees and other penalties.
If someone is arrested a second time for DWI, their previous case can be used to escalate the punishment for re-offending.
It was previously an option until the 1980s when it was abolished under the idea that repeat offenders were given this option despite previous arrests.
Many of the laws past opponents including Mothers Against Drunk Driving now support the proposal as a way of clearing courts and cutting down the practice of reducing DWI charges in exchange for a plea.
This has been a busy pre-filing period for bills regarding alcohol related offenses with multiple pieces of legislation being proposed.
One of the more controversial proposals is the so called "two strikes" law which would permanently revoke the driving privileges of anyone convicted of a second DUI.
Texas legislators will begin meeting on January 11th for the start of the next session.

Leave a reply