Deferred Adjudications will be possible on some DWI (driving while intoxicated/impaired) offenses starting September 1, 2019.
The Texas Legislature has changed the law with mixed benefits to those arrested and charged with a first DWI offense and no prior criminal history.
The new changes to the DWI statutes include a provision that provides a person who is arrested for his or her first DWI offenses could qualify for deferred adjudication if their blood alcohol level is less than .15. That means if the person stays out of trouble for the mandated period of time, then the DWI offense may not go on his or her record.
However, the people who qualify for deferred adjudication for DWI charges will be required to put ignition interlock devices on their vehicles. If a person has a blood-alcohol level above a certain amount, the device will prevent the vehicle from starting.
Even if granted a deferred adjudication, under the new law, if a person is arrested on a second DWI charge, his or first DWI charge will be “resurrected” even if the person qualified for deferred adjudication. At that point, the second DWI could be charged with a Class A misdemeanor.