Pre-trial Diversion

Eligibility

Driving While Intoxicated cases that are currently unfiled will be eligible for a pre-file DWI diversion program. Class B and no collision/single-car collision cases will automatically qualify for review. Total refusal and individuals with minimal criminal history will also be considered. DWI 2nd cases and cases with a BAC over .20 are not eligible for this program. All other DWI’s will be reviewed on a case-by-case basis.

 Non-DWI cases where PTD is appropriate will be screened and follow the same program administration.

Unfiled cases

The program will be administered as follows:

1. Applications will be reviewed before the case is filed.
2. Attorneys or participants must apply within six months of the arrest date. If labs are still pending, those will be considered when evidence is received and made discoverable.
3. Discovery by the County Attorney’s Office will be produced before application to the program.
4. Applications can be submitted to Christina Rojas.
5. The court leads will review applications, and the Assistant Director will review denied applications as necessary and as requested by defense counsel.
6. For DWI cases, before admission, the applicant will be referred to Travis County Counseling and Education Services (CES) for an assessment including but not limited to a Driver’s Risk Inventory evaluation. The assessment will be at the applicant’s own expense and must be paid for at the time of the assessment. The assessment cost is expected to be $55.00 and is not refundable, even if the applicant is not approved for participation in the program.
   1. If it is determined that the applicant is not appropriate for this program, they should consider DWI Court or resolving this case through another avenue.
7. The participant will sign a contract that waives the statute of limitations, acknowledges the rights they are waiving, and agrees to the following:
   1. That the program length with be 12 months
   2. To complete all CES recommendations during the length of the program
   3. For DWI cases, to complete a MADD Victim Impact Panel
   4. Complete 25 hours of CSR
   5. For DWI cases, an agreed motion to modify bond conditions to include a monitoring device of the participant’s choice to be paid by the participant directly to the vendor
   6. A plea agreement and waiver of jury that will be entered if the defendant is unsuccessful.
8. Judge Nicholas Chu will monitor the unfiled case, who will set status conferences at the 3, 6, and 12-month mark to monitor compliance and for the ACA’s to determine program completion.
9. Attorneys should email CES and MADD VIP completion forms/certificates to JP 5 staff or be prepared to bring them to the status conference settings.
10. Upon successful completion, the County Attorney’s office will reject the unfiled case and agree to an early expunction.
11. There will no longer be a program fee or supervisory fee assessed. This is to remove the financial barrier to diversion.

Application
(Notary)

Application
(Unsworn Declaration)

DWI Diversion Referral Form

Currently Pending Cases

For cases already filed, the application is identical. The program will be administered as follows:

Cases before January 1, 2021 will not be considered. If you have a case you would like considered, please send your request to Alex Garcia.

1. Applications will be sent to Christina Rojas
2. The court leads will review applications, and the Assistant Director will review denied cases as necessary.
3. For DWI cases, before admission, the applicant will be referred to Travis County Counseling and Education Services (CES) for an assessment including but not limited to a Driver’s Risk Inventory evaluation. The assessment will be at the applicant’s own expense and must be paid for at the time of the assessment. The assessment cost is expected to cost $55.00 and is not refundable, even if the applicant is not approved for participation in the program. a. If the assessment does not recommend IOP or inpatient, the applicant will be admitted to the program. If the assessment does recommend IOP or inpatient, the applicant is not appropriate for this program and should consider DWI Court or resolving this case through another avenue.
4. The participant will sign a contract that waives the statute of limitations, acknowledges the rights they are giving up, and agrees to the following:
   1. That the program length with be 12 months
   2. To complete all CES recommendations during the length of the program
   3. For DWI cases, to complete a MADD Victim Impact Panel
   4. After COVID restrictions are lifted, to complete 25 hours of CSR
   5. For DWI cases, an agreed motion to modify bond conditions to include a monitoring device of the participant’s choice to be paid by the participant directly to the vendor.
   6. A plea agreement that will be entered if the defendant is unsuccessful
5. Participants agree to have their case set 6 months out. At this setting, defense counsel is responsible for showing compliance with the program requirements, for example, bringing certificates of completion, securing proof of compliance with monitoring devices from pretrial, etc.
6. There will no longer be a program fee or supervisory fee assessed. This is to remove the financial barrier to diversion.

Application
(Notary)

Application
(Unsworn Declaration)