After being charged with DWI, you might have the option to go to drug court. Is it court ordered or optional? The answer to this question could determine whether you should or should not go. The following are a few scenarios to consider.
Court Order
If you are ordered to attend drug court for your DWI charge, you don’t have an option. Not every charge like this will result in an order to drug court, however. It is often required for aggravated charges, such as when the breath alcohol score is significantly high or other similar situations. You might also be ordered to drug court if you’re a repeat offender. Perhaps on your first charge you didn’t have to attend, but now that it’s your second or third offense, you’ll be required to go.
Plea Agreement
In some situations, the prosecutor will add drug court as a condition of a plea agreement. If that’s the case, you and your lawyer will have to weigh all the pros and cons to determine if the plea is something you’ll agree to. If you don’t agree to the terms — whether that includes drug court or not — you don’t have to accept it, but you’ll probably end up going to court.
If both sides do agree to the plea deal, there’s still the possibility the judge won’t approve it. This means if the original plea agreement didn’t include drug court, the judge could still add it. If you still agree after drug court is added to it, you’ll be required to attend.
Volunteer
You may consider volunteering to go to drug court. While you may think this is going to help you, there are a lot of people who fail drug court and end up in jail. The only way to stay out of jail is to complete drug court, but the requirements are quite rigorous and strict. If you speak with your lawyer and determine you have what it takes to get through the program, it might be the best option. If you are simply not in a good spot to succeed, volunteering for the program may not be your best idea.
Hiring a Lawyer
If you are faced with going to drug court for a DWI charge, be sure you understand all your options. If it’s not required, you may not want to go, but if it has been ordered, you can’t skip out. Hire an attorney, like a criminal defense attorney from The Morales Law Firm, today for assistance with your situation.
