Full question:
Is there a certain term i can say or ask a judge if i wan't to down grade my very first DUI to something less severe; like reckless driving? ...Adjudication?
- Category: Criminal
- Date:
- State: Texas
Answer:
You may be thinking about "deferred adjudication". Unfortunately, deferred adjudication is not available for DWI in the state of Texas.
Under Texas law intoxication includes the introduction of alcohol, or a controlled substance, a drug, a dangerous drug, or any combination of two or more of those substances, or any other substance into the body. In other words, Driving While Intoxicated includes all substances including alcohol. While “Driving Under the Influence” or DUI in Texas is an offense that involves minors. To be arrested in Texas for DUI, the person arrested must be a minor (anyone under the age of twenty-one) who operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor’s system. The key words are, “any detectable amount of alcohol.” Generally, an offense under this section is a Class C Misdemeanor. That is the difference between DUI and DWI in Texas.
In Texas, two forms of punishment that are used can be known as "community service," — one is called "Deferred Adjudication Community Service" and the other is called "probation."
Deferred Adjudication is a punishment that an individual can only receive from the Judge and never a jury, whereas probation can be received from either a Judge or a Jury. In a Deferred Adjudication situation, the Judge defers a finding of guilty against an individual and places that person on community service without entering judgment of guilty.
With "probation," the person is found or judged "guilty" and sentenced, but the sentence is then probated. With probation the individual is actually convicted, but the sentence is probated, whereas with the "Deferred Adjudication" the person is not convicted, but is placed on community service.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
