“You have the right to remain silent.” Everyone has heard these words known as Miranda…
Pre-trial intervention for DUI charges is comparable to probation for criminal charges. It gives you an opportunity to have your case dismissed if you meet specific criteria.
Pre-trial intervention is a voluntary program to rehabilitate and prevent future criminal behavior. During this time, your case will still be pending. Once you meet all conditions of the program, the DUI charges against you will be dropped. If you do not meet all conditions of the program, the court will continue with the case.
Completion of the intervention does not remove the DUI arrest from your record. However, you will not have a DUI conviction on your record.
Who Can Request Intervention?
To request a DUI pre-trial intervention, you must meet specific criteria. This includes a first time Class B misdemeanor DUI charge, minimal criminal history and no felony convictions. In addition, your Blood Alcohol Content must be at or below 0.15 at the time of the arrest, and you did not cause an accident at the time of the arrest.
Pre-Trial Intervention Process
If you and your attorney feel you are a good candidate for pre-trial intervention, your DWI attorney will work with the prosecutor to evaluate your case. The judge will need to approve the pre-trial intervention. From there, you will fill out an application in court, including your reasons why you want to enter the pre-trial intervention program. Additionally, you’ll sign a waiver agreeing to have the program cancelled if you fail to comply with the terms. This is important since any statements made can now be used against you in trial. Finally, you are required to complete a Texas Risk Assessment System interview at your own expense. The person conducting your interview will send their recommendations to the court.
What Happens Next?
Once approved, the prosecutor will send a copy of the one-year contract to your attorney.
The pre-trial intervention contract contains all conditions of the program. These conditions usually include, but not limited to, community service, drug and/or alcohol education course, installation of an ignition interlock device on your vehicle to monitor your BAC when you’re driving, monthly appointments with your probation supervisor, and all fees associated with these conditions. During the contract period, you will be subject to random drug/alcohol tests. You cannot refuse a breathalyzer test or drug/alcohol test, nor can you be arrested; refusals or arrests will cause your contract to be voided and your case will return to court.
If you fulfill the terms of your pre-trial intervention contract, your DUI case will be dismissed.