Can dwi (1st) after conviction be transferred to another county and be able to enter the "new" county's divert program?

Asked about 3 years ago - Houston, TX

If someone is convicted on 1st DWI in Bexar County able to transfer the case to Harris County and enter the divert program offered to most DWI 1st Offenders?
Is this possible or not...after already being convicted? Probation IS being transferred to Harris County.

Attorney answers (3)

  1. Mark Ryan Thiessen


    Contributor Level 8


    Lawyers agree

    Answered . Unfortunately not. The DIVERT program is very specific for Harris County. In order to qualify for it you have to take a SALCE interview and then they provide you a specific program. It's essentially like deferred adjudication, but by another name. You got regular probation in Bexar and you can't swithc that into DIVERT in Harris, because Bexar has no equivalent. You can transfer your probation to Harris, but it will still be the same deal that you signed up for in Bexar. Sorry for the bad news.

  2. Matthew Ryan Montes

    Contributor Level 12


    Lawyer agrees

    Answered . Not quite sure I understand your question. Are you serving straight probation and looking to get into a PTD-type program in another county? Or just transferring straight probation between counties for work or living purposes?

    One cannot "forum shop" for an offense as the county the DWI was in has jurisdiction over the offense.

    No attorney-client relationship is established by this posting. The information provided by the this attorney on... more
  3. Jason Allan Sarver

    Contributor Level 11

    Answered . No. You cannot move your cases around to try to become eligible for diversion programs. That is called court/judge shopping and is frowned upon in all 50 states.

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