Originally Posted by CloakNNNdagger
Looks like a third degree felon can get off with no jail time. Is this the case or am I misreading this? Would invite your input.
Pretty sure deferred adjudication for DWI ended in the early 1980s?
I personally don't think Texas laws are tough at all on DWIs -- not effectively tough.
A good attorney can plea bargain a 5th DWI down to a misdemeanor to give a judge the latitude not to impose a prison sentence -- less than a year.
Now things usually get tougher when there's a manslaughter involved, but mostly because of groups like M.A.D.D. who'll send a representative to the court to monitor the proceedings. They make sure the court is aware of their presence.
But for comparison, here's Arizona: 22 year old, first offense, first anything
with the law. Drove drunk at dusk on a two lane road, hit and killed two people walking on the side of the road ... he just didn't see them. BAC of .11. After over 200 people testified or wrote letters on his behalf, including a few members of the victim's family, he was sentenced to 14 years. And he had a good lawyer. [He was released after 7 years after becoming the model inmate. One thing he did was fight those west coast fires -- they'd take a group of trustees right into the middle of it.]
My opinion is, he would have done some state jail time and been put into a diversion program in Texas. Total time at worst 18 months. JMO.