Yes, it is true that everyone makes mistakes, but try telling that to your parents, your spouse, or a police officer after you get pulled over for DWI in Texas. Of course, learning from your mistakes is a real phenomenon, and driving one time after having enough drinks to raise your blood alcohol content (BAC) to over 0.08 does not by itself make you a hardened criminal. Furthermore, driving under the influence of alcohol or drugs is often a symptom of a substance abuse problem rather than the problem itself. Simply punishing the DWI offense will not address the root cause of the problem. Therefore, Texas courts often require addiction treatment for first time DWI offenders in lieu of a traditional punishment.
A First DWI Offense is an Opportunity for a Fresh Start
Texas offers a pre-trial diversion program for some defendants who are arrested for DWI if it is their first DWI and if they have never previously been convicted of a crime. The pre-trial diversion program began in 2009 and originally went by the name DIVERT. It consists of mandatory counseling for substance abuse, with the treatment usually lasting about a year. Participants who complete the program successfully can have the DWI charges erased from their record.
Long-term sobriety is difficult to attain, and there is no one-size-fits-all treatment that works for everyone. For some people, getting pulled over for DWI and being required to undergo addiction counseling can be a first step toward addressing their drinking problems, even though they may need to continue with other kinds of treatment after they complete the pre-trial diversion program. Judges are not doctors, but the pre-trial diversion program can be a sign that a person needs more extensive addiction treatment, and it opens the door to let them begin a sober life without a criminal record.
Subsequent DWI Offenses Carry Heavier Penalties
First and second DWI offenses are misdemeanors, but the second offense results in longer probation time, bigger fines, and a longer period of driver’s license suspension. Meanwhile, a third DWI offense is a felony, even if it did not lead to any injuries or even to a collision. If you get enough DWI convictions in Texas, it is even possible to receive a life sentence. Rose Ann Davidson is currently serving a life sentence for her sixth DWI, even though she has never caused an accident while driving drunk. She appealed her sentence on the grounds that it amounts to cruel and unusual punishment, but for the time being, her story remains a cautionary tale. She argued that she really needs addiction treatment, not life in prison; one wonders how things would have been different if a pre-trial diversion program had existed at the time of her first DWI.
Contact Madrid Law About DWI Cases
Whether it is your first DWI or a subsequent one, getting help from an experienced DWI lawyer can make all the difference. Contact Madrid Law in Houston about your DWI case.
