Travis County DWI pretrial diversion program – *Who is Eligible?
In Travis County, the County Attorney is the one who will determine exactly who is eligible by reviewing each applicant on a case by case basis. On the other hand, if the DWI is your first one either with no collision or with a single car collision, and if your blood alcohol content is less than .20, you will more than likely be able to get into the program. No second-case DWIs or those with blood alcohol contents over .20 are currently being accepted, nor are individuals who currently have any serious drug or alcohol issues.
*What Has to Be Done During the Year?
At your expense, you will be required to use an alcohol monitor for a year, as well as complete 25 hours of community service and complete all of the recommended counseling classes. You will be able to select either the Portable Alcohol Monitor or the Ignition Interlock Device. Furthermore, you will be prohibited from drinking and must also remain drug free for the entire year, and you also must refrain from getting arrested.
*Am I Permitted to Use Marijuana?
No, you are not permitted to use marijuana.
*What is the cost of the Ignition Interlock Device and the Portable Alcohol Monitor?
Both of these devices cost approximately $90 per month plus an installation fee and removal fee, which is approximately $50.
*What if I Don’t Actually Want a Dismissal?
In the event that you don’t truly want a dismissal, there are other methods that can be utilized in order to resolve the case with fewer requirements. Contact us to obtain more information regarding this.
*If I Do Prefer a Dismissal, How Can I Get Into the Program?
We must first request permission to apply for the program. The County Attorney will perform a quick evaluation of the facts of your specific case, and once our request has been approved, you will then be required to fill out an application.
*How Can I Start the Program if All Goes Well?
Provided all goes well, you must then sign a contract with the County Attorney, which lists all of the conditions of the program itself. From there, either an in-person or virtual meeting will be conducted, which will serve as the official start of the program.
*Is There a Cost Associated with the Program?
While the program itself is free, you will be required to pay approximately $90 per month for the alcohol monitor for one year, as well as $55 for the CES evaluation, $25 to $60 for the MADD/VIP class, as well as any additional counseling classes that are required, which can cost anywhere between $90 and $150.
*What if I Am Either Re-Arrested or Caught Breaking the No-Alcohol Rule?
If either of these incidents occur, you will end up getting kicked out of the program and plea to either a “time served” conviction for a DWI or a one-year deferred adjudication on a DWI with alcohol monitoring for a period of six months.
*If I Successfully Complete the Program, Will the Case by Expunged Automatically?
No, as this is a completely separate process.
*Am I Permitted to Travel?
As long as you continue to use the device, you will be permitted to travel.
Travis County DWI pretrial diversion program *If I’ve Switched to Another Intoxicant, Can I Be Drug Tested?
Yes, you can still be drug tested.