Asked 5/20/2016 – Dallas, TX

My wife got her first DWI charge with no criminal record the other day, no car wrecks involved. No breathalyzer test but I believe there was a warrant to give her a blood test without her consent. My question is if there is any type of “deferred” probation or some type of program that would help avoid an actual conviction? Unless the case gets dismissed, is there any way that a DWI case could be expunged and/or non-disclosed?

Answer

The law prohibits deferred adjudication on DWI cases, so there is no option of dismissal after successful completion of probation on these cases. An expunction of the case is possible only if the case is dismissed, either by motion of the District Attorney or by not guilty verdict after a trial. In Dallas County, however, the District Attorney has the option to refile the case as an Obstruction of a Highway charge, which IS eligible for deferred adjudication and subsequent non-disclosure. Contact a local attorney to review your options.