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What happens if I fail my 1st UA (positive for alcohol EtG) and I'm on pretrial diversion for DWI?

San Angelo, TX |

I have completed all the other requirements for my pretrial diversion (community service, DWI class, VIP class, and P.O. fees). Arrested in July. Pretrial given in September. One year of non-probation reporting.

Attorney Answers 3


I'm not familiar with the specifics of San Angelo, but a violation of the terms of pre-trial diversion can result in you being kicked out of the program and landing back in court. If you are kicked out, the court process starts all over again.

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Is there anything thing that I can do to place me back in good standing? Such as AA meetings?

Matthew Ryan Montes

Matthew Ryan Montes


The office for the pre-trial diversion will call the shots on that, but in my experience, if they think the violation is big enough, they'll just terminate you from the program and let the court deal with it...some jurisdictions allow the prosecution to re-refer you to the program, but that is something that needs to be discussed with your attorney. The good news is that it appears you have otherwise been compliant with the requirements of the program and that, while I can't speak directly for the State, that usually works in your favor.


Your pretrial diversion could be terminated. You need to speak with a lawyer sooner rather than later and try to work something out with the prosecutors.

My answers are only intended as general legal advice based on my eighteen years as an Austin criminal defense and DUI attorney. They are not intended to be a binding legal opinion nor to create an attorney - client relationship. For those questions asked outside of Texas, there is no intent on my part to practice law in any other state There is no substitute for contacting a local attorney. Feel free to visit my website, .

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I agree with the previous responses. Pretrial diversion is a gift so when you violate there is little leniency.

Contact your attorney immediately to figure out what can be done.

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