All 9 Types of DWI Dismissals in Travis County

All 9 Types of DWI Dismissals in Travis County

Charlie goes over all the ways a DWI can be dismissed in Travis County


Q: What are the possible ways a DWI case can be dismissed in Travis County?

A: There are several potential avenues for DWI dismissal in Travis County, including charge rejection, straight dismissal, pre-trial diversion, deferred prosecution, reduction to a class C ticket, obstruction of a highway, participation in specialty courts like Project Engage or Veteran's Court, winning a suppression hearing, jury trial acquittal, and deferred adjudication.

Q: What does 'rejection of the charges' mean in a DWI case?

A: Rejection of charges occurs when the county attorney decides not to file charges after reviewing evidence, possibly due to low blood alcohol content or lack of other incriminating evidence.

Q: How common is a straight dismissal of DWI charges?

A: Straight dismissals are rare and typically occur when the prosecutor believes the facts are not strong enough to pursue, such as when the accused's blood alcohol content is below the legal limit and there was no collision.

Q: What is pre-trial diversion and who qualifies for it?

A: Pre-trial diversion is a program that leads to dismissal if completed. To qualify, the accused's BAC must be under .15, and there must be no associated collision. Participants must regularly demonstrate sobriety through breathalyzer tests.

Q: What is deferred prosecution in Travis County?

A: Deferred prosecution is an agreement to dismiss the charges upfront if the accused follows certain conditions and avoids further trouble for a set period, typically ranging from one to two years.

Q: Can a DWI be reduced to a class C ticket, and what does it entail?

A: Yes, a DWI can be reduced to a class C ticket. This is a favorable outcome where the charge is reduced and, if deferred, can be expunged.

Q: What is the 'obstruction of a highway' plea, and what are its consequences?

A: Obstruction of a highway is a class B misdemeanor that results in probation instead of a DWI conviction, though the charge itself is not expungable.

Q: How do specialty courts like Project Engage and Veteran's Court work in DWI cases?

A: These courts cater to specific groups (young individuals for Project Engage and veterans for Veteran's Court) and offer dismissal tracks for those who qualify and are accepted into the programs.

Q: What happens if I win a suppression hearing?

A: Winning a suppression hearing, typically by proving an unconstitutional stop by an officer, can result in dismissal of the case as evidence is thrown out.

Q: What is the difference between acquittal at a jury trial and deferred adjudication?

A: Acquittal at a jury trial means the accused is found not guilty and the case is dismissed, while deferred adjudication avoids a formal conviction and the case may be sealed after a certain period if conditions are met, though it's not a complete dismissal.

Q: How often do DWI cases go to jury trial in Travis County?

A: DWI cases going to jury trial are relatively rare, with an estimated occurrence of one in 300 cases.

Q: Is deferred adjudication considered a dismissal?

A: No, deferred adjudication is not a dismissal. It avoids a formal conviction if completed properly and the case can be sealed, but the original charges are not dismissed.