Pretrial Diversion for Your DWI Case

Many first-time DWI suspects understandably feel lost, wondering what to do next – and more importantly, are concerned over what a DWI on their record could mean for their future. Thankfully, many counties in Texas have made pretrial diversion available to most first-time offenders, who also fulfill some other specific requirements. For those who successfully complete the program, the DWI charge will be dismissed, and won’t appear on their record at all. 

How Do I Qualify for Pretrial Diversion?

The primary requirement for pretrial diversion is that this is your first DWI charge. The program is designed to give drivers who may have made a mistake a second chance, by informing them of Texas law and ensuring that they’re able to practice driving safely and without alcohol. The other requirements differ from county to county, but in most counties, your BAC must have been under 15, there must have not been an accident involved, no open containers in the car, and no prior arrests. Your attorney can advise you on the requirements specific to your jurisdiction and whether or not you qualify for the program.

How Does the Pretrial Diversion Program Work?

Pretrial diversion is somewhat similar to probation but notably less restrictive. The program will last one to two years, and consists of several classes or counseling sessions to examine your relationship with drugs or alcohol, regular reporting to an officer, community service, and potentially drug tests or the use of an ignition interlock device. Your county may also have different additions to the program that you’ll have to go through.

The goal of a pretrial diversion program is to provide first-time offenders with the resources they need in order to avoid driving under the influence, or even worse, an accident on the road. For the entire duration of the program, you’ll have to abstain from drinking and complete multiple breathalyzer tests a day, as well as periodic drug tests in some cases. 

While the pretrial diversion program isn’t a cakewalk, it’s better than a conviction. For most, the dismissal of charges is well worth it for a year or two of sobriety – and hopefully, you’ll succeed in restoring your record. For assistance in finding out if you’re eligible for the pretrial diversion program, and any other DWI legal issues you may face, contact The Law Offices of Charles A. Banker, III today at (713) 227-4100 for your consultation.

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The Law Offices of Charles A. Banker, III

Our firm’s founder, Charles A. Banker III, has been a solo criminal defense practitioner with offices in Houston and McAllen, TX for over 30 years. He understands what it means to work independently in today’s hyperconnected world, but he also knows that sometimes you need to lean on others.

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