Deferred probation is a disposition where the court places a defendant on probation. If the defendant successfully completes the term, they avoid a final conviction. A prosecutor may offer deferred probation for a DWI if the defendant meets certain statutory requirements (i.e., no prior DWIs and a BAC level under .15). Certain aggravating factors, such as an accident, may dissuade the prosecutor from making such an offer. In some cases, an attorney can negotiate deferred probation even if the defendant does not initially meet the statutory requirements.
The Benefits of Deferred Probation
Deferred probation offers several key advantages. First, the court avoids entering a final conviction against you. Consequently, your permanent record and driving history remain free of a conviction entry. This proactive step prevents insurance hikes and safeguards your driver’s license against suspension.
Furthermore, you avoid the DPS “super fine,” which can reach $6,000. Once you successfully complete the probation, you gain the opportunity to petition for a non-disclosure of the DWI arrest, provided you meet specific statutory requirements. A non-disclosure order strictly bars the public from viewing your arrest record.
Disadvantages of Deferred Probation
Deferred probation carries specific drawbacks. First, the law requires the defendant to install a Deep Lung Device (DLD) in their vehicle. Second, if the defendant commits a subsequent DWI offense, the state can still use the original deferred probation to enhance the new charge to a Class A misdemeanor—even after successful completion of the first term. Always consult your attorney to determine if you should pursue deferred probation for your specific DWI case.
