Houston DWI Attorney: Harris County DIVERT Program

Houston DWI Attorney, Clyde Burleson, specializes in motor vehicle violations, driving under the influence offenses, DWI violations, and Texas driver’s license suspensions. The Harris County District Attorney’s Office recently implemented the DIVERT Program, which aims to expunge DWI offenses for first-time violations. The program is aimed to lessen Houston’s annual DWI offenses. Harris County currently leads the state in alcohol-related traffic fatalities.

The DIVERT Program offers first-time offenders the option of accepting the program by submitting a guilty plea, or spending 30 days in jail. The program requires offenders to undergo substance abuse treatment and community service. In addition, the DIVERT Program will require all participants to install an alcohol detection device on their vehicles, which will disable ignition if alcohol is detected.

Many Houston defense attorneys are unhappy with the DIVERT Program, as they feel that it violates basic civil liberties by being coercive and potentially illegal. Part of the concern amongst Houston DWI defense lawyers is that the DIVERT Program requires all offenders to waive their rights to a jury trial.  The program also raises the question of whether or not a person suffering from alcohol dependence will be receptive to treatment if they are forced into it.

DIVERT PROGRAM DETAILS:

• Offenders must enter a guilty plea
• Offenders must have an alcohol detection device installed in their vehicles
• Offenders waive the right to a jury trial
• Offenders will be issued a special license, allowing for travel to work and substance abuse treatment
• If the program is successfully completed, the violation will be erased from the offender’s record, and the case dismissed.

Before the implementation of the DIVERT Program, DWI offenders could resolve their cases by paying a fine with no additional jail time, probation, or additional substance abuse treatment. The DIVERT Program is ultimately designed to curb recidivism, but Houston defense attorneys argue that the program is misguided, unconstitutional, and will ultimately do little to curtail drunk driving.

Clyde Burleson is a former Assistant District Attorney and served as a chief prosecutor for the Texas Alcoholic Beverage Commission. As a Houston area DWI attorney, Burleson specializes in motor vehicle violations, DWI offenses, DUI offenses, and Texas driver’s license suspension cases.

Clyde Burleson:

• Former Assistant District Attorney
• Former TABC Prosecutor
• Licensed by the Supreme Court of Texas
• National Criminal Defense Association
• Texas Criminal Defense Association

You may have made a mistake, but it doesn’t mean you shouldn’t receive fair treatment. For more information on how Clyde Burleson can help you with your Houston motor vehicle violation, please call (713) 628-1503.