Recently, I asked an important question relating to the Harris County District
Attorney's Office Pretrial Diversion Program. I wanted to know if
a person charged with
DWI with a child passenger will be eligible for the program. The answer to the question was a emphatic NO.
A person charged with this crime is typically a young mother that makes
the bad judgment of driving with their child in the vehicle while intoxicated.
Also, it has been my experience that the woman has never had an arrest
before the DWI. As a
DWI Attorney that practices in Houston, I do not see a difference between the woman
that drives alone or with a child. The definition of DWI in Texas is that
the person lost the normal use of their mental faculties. Thus, it should
not come as a surprise that a person would make the mistake of driving
with a child in their vehicle. If the District Attorney's Office goal
is really to assist first time offenders it should include these type
of individuals in the pretrial diversion program in order to help not
only the mother, but more importantly the child.