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DWI Pretrial Diversion Program

Facing conviction for driving under the influence (DWI) charge can be a stressful experience. If a person has been arrested for driving under the influence, they may inquire about a Texas pretrial diversion, which is sometimes referred to as a pretrial intervention. The Texas criminal justice system offers pretrial diversion as a way for certain offenders to avoid jail or prison time.

The pretrial diversion program for DWI is a great way to avoid prison or jail time. However, to qualify, an individual must meet certain criteria. If you have been charged with driving under the influence and wish to avoid imprisonment, contact our skilled attorneys at Horak Law. We will guide you through the process of applying and qualifying for a pretrial diversion program.

Houston Attorney for DWI Pretrial Diversion, TX

If you are interested in applying for the pretrial diversion program for your DWI, contact Horak Law today. If you complete the conditions of the pretrial program, then the judge may reduce or even dismiss your DWI charges. Want to learn more? Our Houston DWI lawyer Matt Horak will guide you through the pretrial diversion application process.

Horak Law represents those accused of a DWI throughout the greater Houston and The Woodlands, TX area. We also defend clients in surrounding communities including Greenspoint, Midtown, Meyerland, Brays Oaks, and River Oaks. Call us today at (713) 225-8000 to schedule a consultation free of charge. We are standing by to receive your call.

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Information Center

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What is a Pretrial Diversion Program in TX?

As stated previously, pretrial diversion is an alternative to prosecution. It is meant to act as a program that involves supervision.  The purpose of the program is to offer the defendant an alternative to prison/jail and instead focus on rehabilitating them of their alcohol or drug dependency. If a person is convicted with a DWI offense, they have the option to attend a pretrial diversion program and avoid jail or prison time. Pretrial diversion is done voluntarily and often requires a signed agreement.

Any individual that chooses to commit to the program will not face jail or prison for their offense. If they complete the terms of the program, then the judge will either reduce or dismiss their DWI charges. However, there is an exception. Anyone who does not complete the program will be removed from the program and must face the statutory penalties of DWI.

The pretrial diversion program serves several purposes in the state of Texas. It provides restitution to victims of certain crimes. The program also serves to prevent future criminal activity by breaking the cycle of recidivism through rehabilitation and therapy.

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Pretrial Diversion Program Eligibility and Application

If an individual finishes a pretrial diversion program, they will not be convicted of DWI. Instead, the judge will have the defendant put in a guilty plea before the diversion program begins.

Once they complete the program, the judge will either reduce or dismiss their charges. If they fail to complete the program, the judge will convict them based on the guilty plea they entered when agreeing to join pretrial diversion.

In Texas, many individuals desire to join the Pretrial Diversion program but are unaware of the eligibility guidelines. There are some exceptions that can be made in relation to the pretrial diversion program eligibility criteria, but some requirements include:

  • The applicant must have no prior arrests
  • The applicant must admit they committed the offense and accept responsibility
  • The applicant must not consume or possess illegal drugs
  • The applicant must not be a documented member of a gang
  • The crime committed by the individual must be a misdemeanor
  • The crime committed by the individual cannot be related to family violence

Each pretrial diversion program is personalized to fit an individual’s unique case. Therefore, the requirements to complete it will vary depending on the person’s charges. To determine if you are eligible for the DWI pretrial diversion program, contact our DWI criminal defense attorneys at Horak Law. We will determine your eligibility for the program and advise you on how it can benefit your DWI situation.

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Conditions of Pretrial Diversion Program for DWI

Once an individual convicted of DWI is accepted into the pretrial diversion program, they will be required to comply with certain terms and conditions. The judge will not reduce or dismiss the defendant’s charges unless they complete all the conditions of the program. Some examples of pretrial diversion requirements include, but are not limited to:

  • Reporting to a probation officer regularly
  • Avoiding additional criminal activity
  • Undergoing regular pretrial diversion drug testing
  • Attending regular counseling or any educational sessions related to the DWI offense (such as drug or alcohol treatment)
  • Completing community service hours

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Additional Resources for DWI Pretrial Diversion

Texas DWI Laws – Click the link to visit the official website for Texas Penal Code and find more information about DWIs and other related offenses. The webpage also lists DWI penalties and aggravating factors that affect a DWI conviction.

Texas Department of Transportation / Driving Under the Influence – Visit the Texas Department of Transportation website to read more about driving while intoxicated. The webpage lists DWI penalties and how to know when a person is legally intoxicated with drugs or alcohol. Click on the link to report an issue on the road or to file complaints.

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Attorney for Houston DWI Pretrial Diversion

There is a lot at stake for individuals with DWI allegations. If you or someone you know have been charged with DWI in Texas, contact our experienced DWI attorneys at Horak Law. It’s essential that you start taking the steps necessary to refute your charges. Matthew Horak can assess your charges and determine if you’re eligible for a pretrial diversion program.

Houston criminal defense attorney Matt Horak an experienced criminal defense attorney with a strong focus in DWI offense. He represents individuals with DWI convictions in Houston Texas and the surrounding areas, including Harris, Montgomery, Fort Bend, Brazoria, Galveston, Liberty, and Waller Counties. Call us today at (713) 225-8000 to schedule a free, initial consultation.

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  • Texas Board of Legal Specialization | Criminal Law
  • National College for DUI Defense
  • National Association of Criminal Defense Laywers
  • Harris County Criminal Lawyers Association
  • Matt Horak has earned recognition for community leadership by Lawyer Legion