The law treats Driving While Intoxicated cases differently from any other type of case, particularly for misdmeanor DWI cases. One of the ways that the law treats Driving While Intoxicated cases differently than other misdememeanor cases, is that the law currently does not authorize deferred adjudication in DWI cases.
In a deferred adjudication situation, a person enters a plea of guilty or no contest, but the judge does not make finding of guilt. Instead, the court defers making a finding of guilt for the period of time specified in the agreement. If the person successfully completes the deferred period, the case is dismissed and no finding of guilt is made.
For most types of offenses, the discharge and dismissal results in the eligibility to seek an Order of Non Disclosure, essentially sealing the record from public view. Presently, this type of an arrangement is not available for DWI cases. That may be about to change however. Recently, Todd Smith, R-Euless proposed legislation that will change the law, making deferred adjudication an option in DWI cases.
The question comes to mind though, is this a good thing or a bad thing for those accused of Driving While Intoxicated in Collin or Dallas County? Well, like most things, it depends. One consequence of the no deferred adjudication law in DWI caes is that many cases with marginal evidence of intoxication are tried to juries, sometimes resulting in not guilty verdicts for the accused person. If deferred adjudication is an option, many people may be tempted to resolve their case with deferred adjudication. Why? This is because with deferred adjudication, the accused will likely still have the option to have the case dismissed, and potentially seal the record. If the accused is convicted by a jury following trial, the person receives a final conviction, with no possibility to seal the record. For many people then, the temptation to choose the route that, on the surface anyway, seems safer may be strong.
If the legislature is considering amending the statute to authorize deferred adjudication for Driving While Intoxicated cases, the amendment will be meanignless unless they amend the statute that regulates deferred adjudication to authorize Orders of Non Disclosure for successfully completed DWI deferred adjudication, and authorizes immediate eligibility with no waiting period.
