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.
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
-
"He knows the law inside and out and uses that to your advantage."Allison M.
-
"He will shoot you straight and will handle the case better than anyone in Texas."Laura J.
-
"I truly had someone on my side."Jonathan R.
-
"The dismissal saved my career and my professional license."Bob V.
-
"Mr. Scharmen is the most dedicated attorney for someone who finds themselves in the need of his services."Patricia
-
Going the Extra MileWhile we try to avoid the courtroom for clients, I promise to be ready for anything - including a jury trial.
-
Extensive DWI ExperienceFor more than 40 years, I have exclusively practiced criminal law and DWI defense.
-
Recognized in the CommunityHighly respected among colleagues, I'm double-board certified and the recipient of many awards and accolades.
Don't wait on a DWI charge. Complete our form below or call us at (210) 405-9730 for a free consultation.