Sometimes a person is charged with driving while intoxicated (DWI) because they had a bad night or made a mistake. In some cases, people drive while intoxicated because they are suffering with an alcohol or drug dependency. This can lead to repeat DWI convictions which exacerbate the problem instead of helping it. Fortunately, there are options for people struggling with addiction. If you are eligible, you may be able to participate in Travis County’s DWI Court program. The goals of the Travis County DWI Court Program are protection of the community, maintenance of an alcohol and drug free lifestyle for the offender through treatment, and reduction in recidivism.
Once you complete the program you may be able to have your charges reduced, dismissed or the penalties you originally faced reduced.
Attorney Explains Austin DWI Court Program in Texas
Have you been charged with DWI in the Travis County area? You may qualify for Travis County’s DWI Court for DWI offenders. If you participate and finish the program, your charges may either be reduced or dismissed or the penalties that you face lessened. Call Kevin Bennett for a case evaluation today.
Kevin Bennett is a skilled criminal defense attorney in the Travis County area. He has advocated Travis County’s DWI Court Program for numerous clients. With his resources and knowledge, Kevin Bennett will create a defense plan for you. Call today at (512) 476-4626 for a free consultation.
The Law Office of Kevin Bennett accepts clients throughout the greater Austin area including Rollingwood, West Lake Hills, Sunset Valley, Pflugerville, and Lakeway.
Overview of DWI Pretrial Diversion Program
- DWI Court Program Process
- Eligibility for DWI Court Program
- Requirements for DWI Court Program
- DWI Court Program Schedule
- Penalties for a DWI in Texas
- Additional Resources
How Does the DWI Court Program Work in Travis County?
DWI Court is a program offered in Travis County that may allow people to avoid a conviction or incarceration. The program requires offenders to complete the conditions of the program instead of being sentenced to jail. Travis County courts created a DWI Court Program to help rehabilitate DWI offenders with alcohol or drug dependencies.
To enter the program, you must first qualify. Travis County DWI Court doesn’t allow all offenders to participate. The program targets repeat offenders who have a history of alcohol or drug dependency. Typically, the program will schedule you an alcohol and substance abuse evaluation with the Adult Probation’s Substance Abuse Assessment Division.
If you’re admitted into Travis County’s DWI Court Program, then you’ll be required to attend court for progress reviews. In addition to this, you must meet with the DWI Court Team weekly to review your individual progress. You will also be required to undergo rehabilitative treatment and drug screenings if necessary.
The entire program will take 12 months and is finished in five phases. Once you’ve successfully completed the program, you’ll be able to get your charges reduced or dismissed. You will not be required to go to jail or pay the expensive fines associated with a conviction.
Eligibility Criteria for the Austin DWI Court Program
Unfortunately, not everyone can qualify for Travis County’s DWI Court. The program only accepts certain offenders that meet their eligibility requirements. An attorney can assess your case to see if you can qualify for Travis County’s DWI Court Program.
Listed below are the requirements needed to enter the Travis County DWI Court Program.
- Must be 18 or older;
- Is a resident of Travis County;
- There were no victims in the crime;
- You have no unresolved holds or warrants from other jurisdictions;
- You don’t have any unresolved pending cases;
- You have never received a substance or alcohol abuse assessment and were never referred to counseling for a different DWI offense; and
- Has two or more DWI arrests within two years of your first arrest or conviction.
The court will also evaluate your criminal history to see if you have:
- No violent crimes on your record;
- No prior history of violating protective orders or stalking; and
- Your criminal history relates directly to alcohol or substance abuse.
DWI Court Program Requirements in Travis County, Texas
If you enter the DWI Court Program, it’s imperative that you understand the program is time-consuming. You will be required to attend court, participate in DWI group meetings, schedule rehabilitation treatment, meet with your parole officer and counselor, and participate in relapse intervention if needed.
It may seem like a hassle, but the benefits of the program are worth it. If you complete all the conditions of the program, you’ll be able to avoid going to jail or prison. You may miss work or spend a lot of time completing the program. However, you won’t be incarcerated without a job and you can avoid a criminal record.
The chart below details the requirements of the Travis County DWI Court Program.
|
Phase I -Intensive OP (14 weeks) |
Phase II – Supportive OP (8 weeks) |
Phase III – Continuing Care (10 weeks) |
Phase IV – Supportive Continuing Care (13 weeks) |
Phase V – Maintenance
|
|
|
Court Attendance Tuesdays |
Weekly |
Twice monthly |
Monthly |
Monthly |
Only needed to address compliance issues |
|
P.O. Reporting |
Every other week |
Every other week |
Every other week |
Monthly |
Monthly |
|
Group Meeting |
3 times a week |
Twice a week |
Weekly |
Monthly |
N/A |
|
Counselor Meetings |
1-hour session (5 required sessions) | 1-hour session (2 required sessions) |
N/A |
N/A |
N/A |
|
Pre-Treatment |
Pre-treatment sessions are on Thursday nights from 6 to 8 PM. |
||||
|
Relapse Intervention |
Scheduled when needed. |
||||
Penalties for a DWI Conviction in Texas
Driving while intoxicated (DWI) is a serious charge under Texas law. The penalties for DWI depend on your criminal history and if aggravating factors were present. These factors include driving with a blood-alcohol concentration (BAC) of .015 or more, having an open container, having a child passenger in the car during the offense and if the crime results in injury or death.
The chart below lists the penalties for driving while intoxicated in Texas.
|
Conviction |
Offense Level |
Maximum Fine |
Prison or Jail Time |
License Suspension |
|
First DWI |
Class B Misdemeanor |
Up to $2,000 |
Up to 180 days |
Up to 12 months |
|
Second DWI |
Class A Misdemeanor |
Up to $4,000 |
Up to 12 months |
Up to 2 years |
|
Third DWI |
Third-Degree Felony |
Up to $10,000 |
Up to 10 years |
Up to 2 years |
Additional Resources
Travis County DWI Court Program – Visit the official website of Travis County Courts to find more information surrounding the DWI Court Program. Learn the requirements, what the program entails and the purpose of the DWI court program.
Texas DWI Laws – Visit the official website of Texas Penal Code to learn more about driving while intoxicated (DWI) offenses. Find more information about DWI penalties, enhancements and other related offenses in Texas.
Hire an Attorney to Represent You in DWI Court
If you or someone you know has been charged with a DWI, it’s imperative that you contact an attorney. You may qualify for Travis County’s DWI Program. If you complete the program, you can avoid the statutory penalties associated with your charge.
Call Kevin Bennett to have a case evaluation today. Kevin Bennett has a strong criminal defense background in Texas courts. He has the right resources, knowledge and drive needed to represent you. In addition, he can assist you throughout the pretrial diversion application process.
Contact Kevin Bennett today at (512) 476-4626 for a free consultation. The Law Office of Kevin Bennett accepts clients throughout the greater Travis County area including Lago Vista, Sunset Valley, Manor, Rollingwood, Austin and Lakeway.
