DWI Court

COURT SCHEDULE

Tuesday

Staffing 8:30 A.M.- DWI Court Team Members meet in a closed session to discuss the progress of each Participant scheduled to meet that day.  

Hearings 10:00 A.M.- DWI Court sessions are open to the public and family members and support network are encouraged to attend. Phase 1 sessions are held weekly.  Phases 2, 3, and 4 are held every other week.  Phase 5 sessions are held on the first Tuesday of the month. 

 Thursday

Assessments 9:00 A.M. and 1:30 P.M.- The Thursday after submitting an application, a Defendant will be scheduled for assessments on substance abuse.  

 Post-Grad Check-In 9:00 A.M.- The third Thursday of each month, those graduates in the Post-Grad phase of the program attend a progress check-in with the Judge.


Program Overview

The Midland County DWI Court Program utilizes a non-traditional, pro-active approach to corrections and rehabilitation at the community level and in the treatment of at-risk offenders in overcoming serious drug addictions. 

The Midland County DWI Court Program focuses on the problem of addiction and provides a high level of direct accountability of the offender to the court.  As a diversion from the incarceration system, the problem of addiction can be addressed at a cost savings to the citizens of Midland County as well as the State of Texas. 

Eligible participants of the Program are adults with a driving while intoxicated offense. The Program is a comprehensive eleven (11) month, five (5) phase program designed with specific objectives aimed at keeping the Participant sober and drug free while reducing recidivism. Treatment for addiction looks different for each participant therefore there are no set timelines for the program other than a participant must complete a minimum of eleven (11) months under the supervision of the court prior to graduation followed by a minimum six (6) months in a post-graduation monitoring phase.  The total amount of time required for successful completion will vary person to person. 

The Program implements acute, clinical adaptation, habitual, and continuous care.  The Program demands Participant accountability by requiring judicial monitoring, mandatory treatment, intensive supervision, and law enforcement surveillance.   

 

Program Structure

The Midland County DWI Court Program is a comprehensive phased system, [minimum eleven (11) month program plus a minimum six (6) month post-graduation monitoring period] post-plea program designed with specific objectives aimed at keeping the Participant sober, drug free, and reducing recidivism.  The Program implements acute, clinical, adaptation, habitual, and continuous care.   The Program demands offender accountability by requiring judicial monitoring, mandatory treatment, and intensive supervision. 

 
Target Population

The Midland County DWI Court Program will target non-violent male and female offenders age 17 and older who are assessed as High Risk and Needs and are charged with a driving while intoxicated offense.


Eligibility And Disqualification Criteria

ELIGIBILITY CRITERIA: The opportunity to participate in the Midland County DWI Court Program will be limited to persons who meet the following six criteria:

1. Be at least 17 years of age. 

2. Have a currently pending charge for a driving while intoxicated or driving under the influence offense in Midland County or currently be on community supervision for a driving while intoxicated or driving under the influence offense in Midland County. 

3. Be a resident of Midland County or of a contiguous county with the ability to return to Midland County as needed to comply with the requirements of the Court. 

4. Be assessed as suffering from a substance use disorder that is suspected to have significantly contributed to the commission of the charged offense and/or the allegations that form the basis for a revocation of community supervision 

5. Have a low probability, due to past history or the severity of substance use disorder, of successful completion of community supervision without DWI Court intervention. 

6. Must voluntarily submit to The Program and commit to complying with any and all requirements of The Program. 

 

DISQUALIFICATION FACTORS: Cases will be reviewed on an individual basis to determine the extent and circumstances surrounding the disqualifying factors versus the need to participate in The Program.  Those cases declined for acceptance into the Midland County DWI Court Program will be retained by the originally assigned/referring judge.  

 The following factors are considered and may prevent a person from participating in The Program; however, the DWI Court Judge retains judicial discretion and makes the final determination on acceptance into The Program: 

  1. Other pending offenses involved: 
    1. Use of a firearm or other dangerous weapon; or 
    2. the death of or serious bodily injury to another 
  2. The defendant has a significant prior criminal history involving violent offenses. 
  3. The defendant has a prior conviction, deferred adjudication, or adjudication of delinquent conduct for a sex offense defined as a reportable conviction under Texas Code of Criminal Procedure Art. 62.001(5). 
  4. The defendant has a prior conviction or deferred adjudication for a sex offense. 
  5. The defendant has a significant prior criminal history involving the delivery or manufacture of illegal drugs. 
  6. The defendant is seriously and persistently mentally ill and cannot participate in the structure of the DWI Court. 
  7. The defendant is actively engaged as a confidential informant for law enforcement in any jurisdiction. 
  8. Currently participating in another Midland County specialty court. 
  9. The defendant has current pending charges in another county which may result in loss of control over the defendant during their participation in the Program. 
  10. The defendant is currently on parole. 

 

APPLICATION

To apply for the Midland County DWI Court, submit an application to the Midland County Drug Court either in person at the Midland County Courthouse located at 500 N. Loraine, suite 550 or via email. All applicants are required to observe a court session prior to moving on to the assessment portion of the process. View application.

 
DISPARATE IMPACT STATEMENT

Much like the disease of addiction, it is the policy of the Midland County Drug Court to provide equal opportunity to all persons regardless of age, color, national origin, citizenship status, physical or mental disability, race, religion, creed, gender, sex, sexual orientation, gender identity and/or expression, genetic information, marital status, status with regard to public assistance, veteran status, or any other characteristic protected by federal, state or local law. In addition, Midland County Drug Court will provide reasonable accommodation for qualified individuals with disabilities.