DWI Pre-Trial Diversion - A Good Deal?

All the talk around the Harris County Courthouse lately has been about Pat Lykos' new plan to allow people arrested for a 1st time DWI to receive Pre-Trial Diversion.

What is Pre-Trial Diversion?  Pre-Trial Diversion is similar to a probation.  You as the Defendant agree to live your life according to some predetermined rules for a particular period of time.  If you don follow those rules, your Houston DWI case will be dismissed.

Sounds like a great program, right?  The problem is, nobody has shared what rules they are going to impose upon Defendants.  What if they say you must complete a 30 day in-patient alcohol detox program as a condition of this pre-trial diversion?   What about spending 10 nights in the comfort of the Harris County Jail?  How about having a to wear an ankle monitor (ankle monitor that supposedly measures your blood alcohol level) everywhere you go?  This looks particularly nice in the summer when you are swimming with friends, family and kiddos.

With this being said, if the conditions are not too onerous, the pre-trial diversion program for Defendants charged with DWI could be a great deal for many of our clients.  Being able to ultimately expunge the DWI arrest is very appealing. 

I guess the bottom line is we need to wait and see what the program will require before jumping on the bandwagon of "what a great deal" the pre-trial diversion will be.

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Saundra Wilson - September 14, 2009 2:29 PM

I just wanted to say that I was recently arrested for DWI. While the officer said that I had passed my field sobriety test, although making in improper turn during the test... I was still put in handcuffs and placed in jail. I must say that I was truly tramatized by the whole experience. After reading about the pre-trial diversion program, I must say that I really want to fight my case. I feel as though I was improperly handled, considering I was about 2 minutes away from home, and I don't want to be on probation for 2 years on something that I didn't do. I must say that the legal system is definitely a gimic... I almost want to become a politician to make changes... Drunk driving is definitely not something I support, but I wish there was fair treatment for those who have been law abiding citizens and haven't done anything to hurt anyone other than to pay taxes and put money in the pockets of those who aren't.

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