Drivers in Texas can expect to see some changes to the state’s DWI laws very soon. As of September 1, 2019, the state of Texas is implementing a change in the way that DWIs are handled. Proponents of the new Texas DWI law hope that it will discourage second and subsequent DWI offenses. Before the new law takes effect, first-time DWI offenders cannot obtain a deferral of their sentence through probation. After September 1, probation and deferred sentencing will be available to first-time offenders with a blood-alcohol level of less than .15 who comply with the strict conditions that the new law will require of them. Among the severe conditions that a defendant must meet to obtain a deferral is installing an ignition interlock device on their vehicle and using it properly. Since ignition interlocks have come into widespread use alongside license suspension, they have been a game-changer that has prevented many more repeat DWI offenses than license suspension alone. While over half to two-thirds of drivers with suspended licenses continue to get behind the wheel during their license suspensions, ignition interlock devices have prevented over three hundred thousand vehicle starts over the past twelve years.

The seemingly generous offer of deferment comes with harsh penalties that come into effect if a second offense occurs at any time. One of the harsh penalties is the enhancement of the second DWI to a higher class offense. This and other penalties reveal the spirit of the new law, which is aimed at encouraging first-time offenders to choose not to drink and drive by mitigating the consequences of the first offense on the one hand and promising harsh consequences for re-offending on the other hand.

Perhaps the best thing that the new DWI law offers first-time offenders is complete forgiveness of their offense after successful completion of probation for so long as they do not re-offend. If you take your first offense DWI seriously and make the necessary changes in your life to ensure that it never happens again, you can move forward with your head held high, free of the life-long consequences that can follow a DWI conviction. It takes serious commitment and a real and lasting change of heart to make that happen, but the results are worth it, both for the driver who gets the second chance and the lives that are potentially saved as the result of that driver’s conscious choice to never drive under the influence of alcohol again.

While the new Texas DWI law is good news for some drivers, drivers must understand that not every first-offense DWI defendant will qualify for deferred sentencing through probation. As I mentioned before, the defendant’s blood-alcohol level must not exceed .15. Also, the state can deny deferral for some DWI offenses regardless of blood alcohol content.

Texas’s new DWI law can benefit many first-time DWI offenders. However, any driver who is charged with DWI would do well to work with a Texas DWI Defense Attorney to resolve their DWI case. As I mentioned earlier, deferred sentencing is not automatic for first-time offenders, and all DWI defendants need support as they proceed through their DWI case. Call Texas DWI defense attorney Alex Tyra today,  at (903) 753-7499, or fill out a contact form on our website.