Can you get your Houston & Harris County DWI dismissed? Check DIVERT

If you have been arrested for a DWI offense in Harris County DWI, you may want to consider the “DIVERT“(Direct Intervention using Voluntary Education, Restitution and Treatment) program. DIVERT provides an opportunity for first time DWI offenders to have the case dismissed if he or she successfully completes the program.

You must meet the following criteria to be eligible for DIVERT:
1. It must be your first DWI charge
2. You must be a legal resident or a U.S. Citizen
3. No prior criminal history (including juvenile offenses)
4. Agree to an interview that evaluates possible alcohol or drug dependency

After submitting your application, the District Attorneys office evaluates your case to determine eligibility. Once that’s established, a 15-minute interview with a probation officer will be scheduled.

Prior to your interview, you will take a drug and alcohol evaluation and pay a $202 program fee. After the conversation with the probation officer, you will be asked to submit to a urine test. If you fail the test, your application will probably be denied.

You will find out before your next court date whether or not you were accepted into the program. If you are accepted, your DWI attorney and the DA will sign a contract in which you agree to attend treatment as outlined in their recommendation and complete the DIVERT ?education classes designed to prevent another DWI.Terms of the agreement include having an ignition interlock installed on your vehicle for a minimum period of time, 16 hours of community service, regular drug testing, a clean record through the length of your enrollment, and meetings with your probation officer once a month.

By signing the agreement, you are pleading guilty to the offense, waiving your right to trial by jury, or the right to appeal from assessment of sentence. If you comply with the conditions of the contract and complete the DIVERT program, your case will eventually be dismissed.

More and more drivers are finding that the DIVERT program is preferable to probation or jail time and fines. It is important to have your Houston DWI attorney with you when you talk with your probation officer or when it’s time to negotiate terms in the agreement.

Four Surprising Facts About Cocaine Possession

Cocaine is a potent stimulant that affects the central nervous and cardiac systems. Made illegal after World War I, the possession of cocaine will result in serious penalties. It’s widely known that the possession of this drug is illegal, but there are some other less-commonly known facts that carry a big punch.

As you may know, being found with cocaine will result in an immediate felony charge. Texas lists cocaine as a “Penalty Group 1” drug, which means it is among the group to carry the most severe penalties for possession and distribution. The severity of the penalty is determined by the amount in possession as well as other factors, including intent and drug-type.

1. Higher Volume Means More Jail Time

Jail time will almost always be sentenced with conviction and serves a minimum of 180 days. Yet did you know that prison sentencing is based upon the amount of cocaine in possession? Any amount has a potential fine with a price tag of $10,000. Possession of anywhere between 4 and 200 grams can result in 20 years in prison. Possession of over 200 grams can result in a life sentence.

2. The Intent to Deliver

If a person is found with cocaine in addition to baggies (the bags commonly used to store cocaine), they can also be charged with intent to deliver. It doesn’t matter if the baggies are full or empty if they are in possession with cocaine, the baggies can be used as circumstantial evidence of intent; even if that wasn’t you plan. Harsher jail and fine sentences are invoked with intent to deliver.

3. Felonies Result in Limitation of Rights

You may know that with a felony conviction comes the restriction or denial of certain rights, such as owning and purchasing firearms or serving in the military, but what you may not know is that a conviction for cocaine possession can also result in drivers license suspension. This suspension is generally a minimum of 180 days, and the person is required to participate in a drug education course before his or her license is reinstated.

4. Not All Drugs are Created Equal

In 2010, Congress passed a bill called the Fair Sentencing Act. This legislation effectively reduced the disparity of both charges and sentencing for possessing crack cocaine vs. powder cocaine in the Federal court system. This reduced mandatory minimums for all new charges, and in 2011, the law was made retroactive, allowing for eligible inmates to apply for a shortened sentence.

The Difference Between an Acquittal and a Conviction

As you may already know, a DWI offense stands for driving while intoxicated, but many people may not know the consequences that come with such an offense or what to do if charged with a DWI.

What Law is the Focus of the DWI Charge?

It is important to know exactly why someone is charged with a DWI. According to Texas law, the legal limit for a driver’s blood alcohol content is .08 percent per 100 ml of blood. However, you can still be accused with DWI if the prosecutor believes that your mental and physical abilities were not normal.

According to the Insurance Institute For Highway Safety, a license suspension or revocation traditionally follows conviction for a alcohol-impaired driving.” However, under the administrative license suspension procedure, a driver can have his license taken away if he or she refuses to take a chemical test. This procedure is allowed in 41 states, including Texas, and has proved to be effective.

A Good Galveston DWI Lawyer can Successfully Find Loopholes and Fight a DWI Charge

A DWI is a very serious offense and very difficult to get out of. The only loophole per say would be a plea bargain, which is where a good Galveston DWI attorney would come in. A plea bargain is when the defendant pleas guilty but to a lesser charge than a DWI, like reckless driving. This is an arrangement between the government and the defendant. Often times the DWI attorney will find this method beneficial to the defendant because the sentence is much less severe.

For instance, if the test shows a [blood alcohol content] to be .09 or .10, the field sobriety tests are inconclusive,… the prosecution may be willing to change the charge from [DWI] to a lesser offense, such as reckless driving… which will result in a far less-harsh sentence, according to the legal information website, Nolo, which in Latin means “I don’t choose to.”

What Kind of Questions Does a Galveston DWI Attorney Ask His Clients?

A good lawyer will want to know your personal and business background, and anything relevant to your case. It is also very important to show your DWI lawyer all the documents that you have concerning your case such as, bail papers, police paper work, etc.

As stated earlier, a DWI offense is very serious and you definitely want to hire a good DWI attorney, one that devotes a good amount of time to your defense and who knows the local legal system.

The sooner you contact a a DWI lawyer, the longer they have to prepare a good case in your favor.