DWI Pre-trial Diversion
What is the DWI Pre-Trial Diversion (PTD) Program?
It is a year-long program will result in a dismissal of your DWI case and allow you to expunge the arrest immediately after the completion of the program.
Who is eligible?
The County Attorney will review each applicant on a case by case basis. However, If this is your first DWI with either no collision or a single car collision, and your BAC is less than .20, you have a good chance to get in. They are not accepting DWI 2nd cases or DWIs with a BAC over .20, They also will not accept people with serious drug/alcohol issues.
What do I have to do during the year?
You must use an alcohol monitor for a year (at your expense), complete the recommended counseling classes, and do 25 hours of community service. You can choose either the Ignition Interlock Device (our recommendation) or the Portable Alcohol Monitor. You are not allowed to drink alcohol and must remain drug free for the year. And, obviously, you cannot get arrested for anything else.
Am I allowed to use marijuana?
How much does the Ignition interlock device cost? The Portable Alcohol Monitor?
Both cost about $90/month plus an installation fee and removal fee (approx. $50). Here is a coupon for a FREE FIRST MONTH AND INSTALLATION
That seems like a great deal.
Yes! The DWI PTD program used to be MUCH more difficult to get into and complete. This is a wonderful opportunity to get a DWI case dismissed (and ultimately expunged). In the 20 years I have been practicing, I have never seen anything like this opportunity.
Is there another easier way?
We always look for the easiest way. So, if we have recommended this path, it is the best path (with the least risk). Because this program exists (and is so easy), it is unlikely that prosecutors will be dismissing cases with less requirements. Of course, you can always have a jury trial.
What if I don’t want a dismissal (and an expunction) that bad?
If you don’t want a dismissal, then there are many other ways we can resolve the case with less requirements. I am happy to discuss all of the options and the consequences of each.
OK. I’d prefer a dismissal. How do I get in the program?
First, we must request permission to apply. The County Attorney does a quick evaluation of the facts of your case. Once they approve our request, you must fill out an application (I have attached it below).
If everything goes well, how do I start the program?
You sign a contract with the County Attorney that lists the conditions of the program. We will either do a Zoom or in-person meeting that starts the program. I put a SAMPLE contract at the bottom of this page.
Does the program cost anything?
The program itself does not cost anything. But you will need to pay for the alcohol monitor for 12 months (approx. $90/month), the CES evaluation ($55), the MADD/VIP class ($25-$60), and any other counseling classes they require (approx. $90-$150).
That sounds like a lot.
It is a bargain for a dismissal.
What happens if I get caught breaking the no-alcohol rule or get re-arrrested?
You will be kicked out of the program and must plea to either to "time served" conviction for a DWI or 12 months deferred adjudication on a DWI (with alcohol monitoring for 6 months). This is part of the contract that you sign to get into the program.
Will the case automatically be expunged if I complete the program?
No. That is an entirely separate process. Here is an FAQ about expunctions.
What else will I have to do during the program?
There may be occasional requirements to contact the program.
Can I travel?
Yes, you can travel if you continue to use the device.
Can they drug test me if they suspect I've just switched to a different intoxicant?
I still have questions.
No problem. Give us a call – (512) 472-1113 – we’re happy to answer any questions. Or you can e-mail us.