DWI Deferred Adjudication in San Antonio
The Real Facts about the second chance dwi law
The first and least known fact is: it is a conviction. I know that the judgment reads “deferred,” and that the judge says if you are successful with your supervision he will dismiss your case. However, the State of Texas will not forget your experience in court. It will continue to report it to the police, and when you get stopped for speeding they will see you on their computer: “DWI, deferred.” They know if they arrest you for DWI it will be your second charge, and it will be a DWI second offense at that time, a Class A misdemeanor. Sorry, but that is actually the law now. Your third arrest will be a felony. What happened to the “deferred?” Well, it is now a conviction.
Therefore, you should not take lightly the decision to go on probation for any DWI – deferred or otherwise. What the new law also did was to allow the State to use the deferred as a conviction if you ever get in trouble again with a DWI. Thus your second DWI – 40 years later – will still be a repeat offense.
Nevertheless, you can tell your boss that the case was dismissed. However, it will not take long for employers to know that you still have a record – particularly governmental employers.
Call The Law Offices of George A. Scharmen today at (210) 405-9730 or contact us online to schedule a consultation with our Texas deferred adjudication attorney.
Understanding the Second Chance DWI Law in Texas: Local Insights for Houston Residents
For residents of Houston, navigating the complexities of the second chance DWI law can be particularly daunting. The local law enforcement agencies, including the Houston Police Department, are well-versed in the implications of a deferred adjudication. This means that even if your case is dismissed, it can still impact your future interactions with law enforcement. If you find yourself pulled over for a minor traffic violation, officers may still see your DWI record, which can lead to serious consequences if you face another charge.
Moreover, the Harris County court system is known for its strict enforcement of DWI laws, and understanding how these laws apply locally is crucial. Many residents may not realize that a deferred adjudication can still be viewed as a conviction in the eyes of the law, which can complicate matters if you ever find yourself in trouble again. This is especially concerning for those who work in sectors that require background checks, such as government jobs or positions in education, where a clean record is often a prerequisite.
Local resources, such as the Harris County District Attorney's Office, provide information on DWI laws and can help you understand your rights and options. However, it’s essential to have a knowledgeable advocate on your side who understands the local legal landscape and can help you navigate these challenges effectively. At The Law Offices of George A. Scharmen, we recognize the unique pain points faced by Houston residents dealing with DWI charges and are here to provide the guidance you need.
Call The Law Offices of George A. Scharmen today at (210) 405-9730 or contact us online to schedule a consultation with our Texas deferred adjudication attorney.
How Does Deferred Judgment Work?
With the deferred you can later (two years later) file a petition for nondisclosure and have your record hidden from some employers and other people who do background checks. Yes, but you can do the same thing with a conviction for a DWI class B misdemeanor. What the law actually did was to stop the $3000 administrative penalty for a DWI conviction that was used to invalidate your license if you did not pay it. Then the law substituted a $6000 fine for a deferred adjudication DWI. In many counties, such as Bexar, the fine may be negotiated down (it was supposed to be mandatory), but it is generally higher than for a DWI conviction.
Will My License Be Suspended?
You will not receive a suspension of your driver license with a deferred (other than that from the ALR suspension), but with a DWI conviction you will not receive a suspension either (other than that from the ALR suspension), so long as you take the DWI education class on line. Additionally, you will be required to take that same class with a deferred DWI as a condition of supervision. With a deferred DWI you will be required to have an ignition interlock for six months, but you may not be required to have an ignition interlock with a DWI class B conviction.
Five-Star Client Testimonials
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