Deferred Adjudication for a Houston DWI?

Posted on July 15, 2010 by Dane Johnson

A question that we here fairly often, "Can you get Deferred Adjudication for a Houston DWI?"  Not since 1984 have Houston DWI suspects been able to receive a deferred for their DWI arrests.  That' right, the Texas Legislature took the deferred probation option away from DWI suspects over 25 years ago.

What is more surprising to those that don't practice criminal law, a citizen charged with any other crime in Texas is eligible for deferred probation.  Murder? Sexual Assault of a Child? Aggravated Assault?  Drug Dealing?  Yes, each and every one of these crimes is eligible for deferred adjudication probation. but not DWI.

Why is it that DWI is the only crime in Texas that one is not eligible for deferred?  Could it be that we really think a DWI is a worse crime than murder?  Could it be that the Legislature is beholden to someone?  Could that someone be the incredibly powerful lobbyists at MADD?  Let me know your thoughts.

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