Asked 7/27/2016 – El Paso, TX

My record is clean besides traffic tickets and i got my blood results which came out .0068 which is well under the limit. I have done so much research and i read a couple things about a pre-trial diversion program and the possibility of getting it expunged several months after. Any info i can get or anything I can tell my lawyer up front. What are the qualifications to get the pre-trial diversion program; wouldn’t i qualify for having a good record and being under the limit? Any help would be much appreciated.

Answer

Pretrial diversion is not a right. Each local District Attorney’s office may or may not have such a program, and if such program exists, each county may determine the parameters of the program. First, find out if pretrial diversion exists in your county for DWI cases. If so, determine the qualifications and see if the application has been made. If not, confer with your attorney about your options. If you cannot contact your attorney, or if you do not have confidence in that attorney, get a new attorney.