The prosecutors want you to use the Ignition Interlock Device for 3 months before they will allow you in the DWI Pre-Trial Diversion program.
What is this about?
The prosecutors say that the results of your CES evaluation indicate that you are in the alcohol RISK category. This would normally be enough to reject your application to the PTD program. However, the county attorney is willing to allow you to prove you do not have too severe an alcohol issue by installing the IID in your car and have no violations for 3 months. If you do this, they will allow you in the program.
How did they communicate that to you?
They sent us an email.
What did the prosecutors say (exactly) in the email?
There are a few variations, but it looked something like this:
Hello Attorney Charlie Roadman,
I have reviewed your client’s application for DWI PTD and CES evaluation. Unfortunately we will not be able to accept then into the program at this time due to their DRI evaluation. Specifically,” Client’s Alcohol Risk Score is in the PROBLEM risk range. Problem risk scorers invariably have a drinking problem. Per DRI2 a Prompt intervention is recommended.”;
However, we will reconsider the application if they are able to provide 3 months of clean alcohol monitoring reports upfront. If they already have them please forward those reports to me so we can enroll them into the program.
Please let me know if you have any questions or concerns.
Travis County Attorney
What should I do now?
I know that the DWI PTD Diversion Program requires 6 moths of the IID. Will this 3 month period count toward that?
No. But getting a DWI case dismissed with successful completion of the program is worth the extra months of IID.
What happens if the IID detects alcohol during this 3 months? What if it is a TINY amount?
They will not let you in the program. Even a TINY amount will be enough to reject you. My advice is to not drink alcohol at all during this 3-month period and the subsequent 6-month PTD period.
I have more questions.
No problem. Call us at 512-472-1113.