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Asked over 2 years ago - Austin, TX
Flaglawyer. We watched the video together, it had no sound and I was not visibly intoxicated in the video. The prosecutor has given us an offer of making the DWI a Class B Misdemeanor and allowing deferred adjudication. I want this completely off of my record but I am nervous to risk at trial and then be convicted. With the Deferred Adjudication this would still be on my record or if I in some way messed up the probation the DWI would come back correct? and my license was also suspended on account of me refusing a breathalyzer, would accepting the class B misdemeanor lead to further suspension?
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It sounds like you are confused and you definitely need to talk with the lawyer that you hired. Part of your lawyer's job is to help you understand your options and the potential consequences.
You cannot get deferred adjudication for DWI. A first offender DWI is a class B misdemeanor so perhaps what you are saying is that they are offering to allow you to plead to some offense other than DWI (that is also a class B misdemeanor.)
If you get a deferred adjudication probation for a class B misdemeanor then when the probation is completed, you can petition the court to seal your record. However, this does not remove it from your record and the deferred adjudication can still be found. In fact, it is possible that that manner of handling the case will allow the arrest for DWI to remain on your record even if you plead to a different offense. (You need to be clear on this in a talk with your lawyer if you decide to accept the offer.)
Would your license be further suspended? Probably not - deferred is not a conviction and licenses are not suspended for offenses for which a person is not convicted.)
You are right to be nervous about a trial - no matter how strong you believe that the facts are in your favor you are taking a risk of being convicted of DWI - a conviction which would have long term consequences. While your lawyer cannot tell you with any certainty whether you would win or not, the lawyer can give you an evaluation of the evidence and an opinion on the best avenue that the lawyer believes you should take.
Ms. Henley is correct that you need to have your lawyer clear things up. *If* it's really going to be deferred, then the offer is probably to reduce the charge to obstructing a highway or the like. As she said, there's no deferred for DWI.
One more thing: the deferred will be on your record for 2 years before you can have it sealed. After that, DPS and other agencies will keep the records and may use them in a future prosecution (e.g., second DWI, a Class A), but they will not disclose them to the public.
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Disclaimer: The information in this advertisement is based solely on practice and procedures in the criminal courts of Travis County and is not legal advice. If facing prosecution you should retain a qualified attorney as soon as possible to ensure that your rights are protected.
