The Texas legislature is considering a proposal to allow deferred adjudication plea bargains for first time driving while intoxicated cases.  Under the proposal all first time DWI offenders would be eligible to have their case dismissed after a guilty plea and after a standard amount of time if they complete basic requirements (such as pay a fine and complete drug or alcohol treatment).  Currently there are reportedly more than 122,000 misdemeanor DWI cases pending in Texas courts and many DWI cases are dismissed or reduced to non-DWI charges, particularly in more congested jurisdictions like San Antonio and Houston.  Proponents of the change state that it will “give prosecutors a new negotiating tool” by taking away the threat of jail that reportedly stands in the way of many first time DWI guilty pleas. 

The case backlogs and the large number of cases being settled for non-DWI charges have apparently brought together an unlikely coalition supporting the change that includes Mothers Against Drunk Driving and Republican law makers, normally groups that call for stricter DWI sentencing.  Prosecutors also seem to support the change because of concern about the general plea bargaining atmosphere for DWI cases in Texas.  As one prosecutor stated “Our alternatives (through plea bargaining)…have diminished such that our bargaining positions have weakened and cases are backing up.” 

Texas abolished deferred adjudication for DWI cases in the 1980s and now requires all first time offenders who are convicted to “face fines and jail.”  It is unclear why legislators are not considering simply lessoning the mandatory sentences for first time offendes rather than allowing deferred adjudications. 

To read more see the recent article in the Fort Worth Star-Telegram: http://www.star-telegram.com/2010/12/27/2728710/bill-proposes-deferred-adjudication.html