Legal Question in DUI Law in Texas

TX DPS Surcharge DWI

If I accept a plea bargain for Deferred Adjudication, (BAC .14 then .16) do I have to pay the DPS surcharge to retrieve my license? TX DPS says 'if convicted'. But if it's deferred, then I'm not convicted YET...right?


Asked on 10/01/07, 9:33 am

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: TX DPS Surcharge DWI

I am sorry to inform you, but Texas law prohibits anyone from receiving a Deferred Adjudication Community Service or probation for punishment in a DWI. There are two types of punishment in Texas for a DWI: either a conviction, i.e., 3 days in jail, or a "probated sentence," i.e., the judge sentences you to 120 days in jail, but probates that jail for 12 months of probation or community service(meaning the individual spends no time in jail). But Deferred Adjudication has not been part of the punishment for DWI in Texas since approximately 1984. I would suggest you talk to your attorney or you need to hire an attorney whose practice emphaizes DWI Defense.

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Answered on 10/01/07, 9:20 pm


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