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Texas Code of Criminal Procedure - CRIM P Art. § 42A.403. Educational Program for Certain Intoxication Offenses; Waiver or Extension of Time

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A judge who places on community supervision a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, shall require as a condition of community supervision that the defendant successfully complete, before the 181st day after the date community supervision is granted, an educational program designed to rehabilitate persons who have driven while intoxicated that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code.

(b) This article does not apply to a defendant if a jury recommends community supervision for the defendant and also recommends that the defendant's driver's license not be suspended.

(c) If the defendant by a motion in writing shows good cause, the judge may:

(1) waive the educational program requirement; or

(2) to enable the defendant to successfully complete the program, grant an extension of time that expires not later than the first anniversary of the beginning date of the defendant's community supervision.

(d) In determining good cause, the judge may consider but is not limited to:

(1) the defendant's school and work schedule;

(2) the defendant's health;

(3) the distance that the defendant must travel to attend an in-person educational program;

(4) the fact that the defendant resides out of state, does not have a valid driver's license, or does not have access to transportation; and

(5) whether the defendant has access to reliable Internet service sufficient to successfully complete an educational program offered online.

(d-1) The judge shall waive the educational program requirement if the defendant successfully completes education at a residential treatment facility under Article 42A.4045.

(e) The judge shall set out in the judgment, as applicable:

(1) the finding of good cause for waiver; or

(2) the finding that the defendant has successfully completed education as provided by Article 42A.4045.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 42A.403. Educational Program for Certain Intoxication Offenses; Waiver or Extension of Time - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-42a-403/

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