A first-time DWI offender may get deferred adjudication but if they repeat the first offense; i.e. they are caught driving drunk again, the deferred adjudication 1st DWI may be used to enhance the subsequent offenses?
Sounds okay, except I would think that the circumstances of the offense, even if it is a first time DWI, should dictate whether they could or should be offered a deferred adjudication.
Groups urge Texas to fix DWI laws
By Claudia Grisales - Austin American-Statesman -AUSTIN — A backlog of thousands of Texas court cases. Drunken drivers convicted on lesser charges. Repeat DWI offenders who don't have a record of a related conviction or treatment.
Those are some examples of what's bringing together a new coalition that includes Mothers Against Drunk Driving, prosecutors and defense attorneys who support a widespread change in how the state punishes first-time drunken drivers.
Supporter say the plan, a legislative proposal to allow deferred adjudication for first-time offenses, would ease the court backlog and improve efforts to track and punish repeat DWI offenders.
First-time offenders could be acquitted of the offense if they complete supervision and treatment. If the offense were repeated, it would become grounds to boost future punishments.
