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Harris County DWI DIVERT And Your Commercial License

At some point during the past year and a half since the Harris County, Texas DIVERT Program has been put  in place they decided to disqualify anyone with a Commercial Driver's License (CDL) from entering the program.  One would think that when they made that decision they would have notified those of us that defend DWI cases regularly.  I came to find this out when one of my clients was denied entry into program.  Curiously, another CDL holder was allowed after my initial client was denied.  Subsequently, I had to inform any CDL holder that it is quite possible that they would be denied entry into the program.  When I tried to discuss this irregularity with one of the DIVERT prosecutors they went "Schultz" on me and said "I know nothing."  To this day, the DWI defense bar has failed to receive a straight answer from "Colonel Klink"  as to why those with a CDL are being singled out.  Surely, the Harris County, Texas District Attorney Office realizes that it would be catastrophic for someone that needs their CDL to make a living.  I realize some hawks will state that Houston, Harris County, should not allow anyone that drives for a living to avoid a DWI conviction.  If that is the case where should we draw the line?   In other words, should a teacher not be allowed to enter the DIVERT Program because they teach our children?  Should our doctor not be allowed to enter the program?  Should the Pilot be disqualified because they fly a plane?  In all these cases a DWI conviction would ruin a person's career.  Why are the CDL holders being targeted?  I thought this program was about giving a person a second chance?



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