With deferred probation, in Texas, a person would enter a plea of guilty but would hold that finding of guilt and instead put a person on deferred adjudication. The benefit of a deferred adjudication in Lubbock DUI cases is if the person lives out the probation, at the end of the deferral period, the case is dismissed and it is not a conviction.
To discuss the role of deferred sentencing in your Lubbock DUI cases, it is imperative to consult with an experienced attorney as soon as possible. A knowledgeable DUI attorney in Lubbock can build a defense to help lessen or dismiss any potential penalties associated with your charge.
If a person does not live out the deferral period in their Lubbock DUI case, then they do not have a right to another trial. The state will file a motion to proceed with adjudication of guilt. The trial court could then find the person guilty, put a conviction on their record, and sentence them up to the maximum penalty.
For a class B misdemeanor, the person could be sentenced up to 180 days in the county jail. A class A misdemeanor means up to a year in the county jail.
Absence of Deferred Adjudication
Currently, there are no deferred adjudications allowed for DWI offenses in Lubbock, including:
- Driving under the influence
- Driving under the influence by a minor
- Driving under the influence with a 0.15 violation or above
- Driving under the influence with the prior conviction or two convictions, which makes it a felony
- Driving under the influence with a kid in the car age 15 or under, which makes it a felony
- Intoxicated assault
- Intoxicated manslaughter
Some of the lesser offenses are operating an amusement park ride while intoxicated, flying when intoxicated, and boating while intoxicated. None of those offenses can be deferred, but that does not mean the charge cannot be reduced.
Oftentimes, an attorney will take a case, a DUI for example, and reduce it down to a reckless driving charge. Then, the attorney will seek a deferred adjudication on that charge. Currently, a person cannot get a deferred sentence on their Lubbock DWI if the person pleads specifically to the DUI.
Benefit of Deferred Adjudication
A benefit of doing a deferred adjudication in a Lubbock DUI case is that, in most cases, once the person has completed their probation and they have been discharged with probation, then the person can move forward on a motion for non-disclosure. That is similar to an expunction but it is not expunction.
There are about 20 entities inside of the state of Texas including law enforcement. Most professional organizations, such as the state board of Texas for lawyers and nursing board, can see the fact that there has been an arrest, but what it was designed for is that most private employers would not be able to see that there was a prior arrest. If the person does get a deferred sentence on many different types of cases, it might be DWI, the person would then be able to get it a motion for non-disclosure.
Every two years, the legislature meets and there are always bills that are up to try and change DWI laws and add or remove something to create different causes of actions. Every two years, it is important to pay attention to what a legislature does to see what new laws are going to affect an individual. However, right now, a person cannot do a deferred probation. A person can do a pre-trial diversion, but that is completely different. That is an agreement between lawyers and the district attorney’s office. Then, if the person stays out of trouble after a certain time, the case is dismissed.