Texas Laws Authorizing Use of DADAP

Important Information for Texas Judges and Court Officials

Texas Laws Authorizing Use of DADAP Course

Texas flag indicating DTA's DADAP course is state approved

DTA's Drug Alcohol Driving Awareness Program (DADAP) was the first DADAP course approved by the Texas Education Agency. The DADAP classroom-based course is approved and being used in public school driver education programs, driver training schools, driver safety schools, and in classes taught by a licensed DADAP school.

The state-approved DADAP course is also currently available for use by municipal courts and justices of the peace and their prosecutors as a referral tool in any class "C" misdemeanor offense involving the possession or use of alcohol or a controlled substance as a condition of a deferred disposition.

Texas Code of Criminal Procedure, Articles 45.051(b)(6) and 45.051(b)(8)

Articles 45.051(b)(6) and 45.051(b)(8) of the Texas Code of Criminal Procedure provide that "during the deferral period, the justice may require the defendant to participate in an alcohol or drug abuse treatment program." DTA's DADAP course is such a program.

In addition to the applications described above, the DTA DADAP course can be used as a rehabilitative tool in any offense as a condition of probation or deferred adjudication when the court in its sound discretion deems it appropriate. DTA's course provides a secure reporting mechanism (i.e. DADAP certificate of completion) that is sent to the student, who must then turn it in to the court. This system ensures that the court or probation department will know if the probationer has successfully completed that condition of his / her probation or deferral.

Texas Health & Safety Code, Section 469

Officer stopping driver suspected of DWI

Under new Section 469 of the Health & Safety Code, DTA's DADAP course is currently available for use as a referral tool by a court in an appropriate misdemeanor or felony case involving the use or possession of alcohol or a controlled substance, provided that the county commissioners have approved of the creation of a drug court program. (§469.007 reads in part, "In addition to using a drug court program established under Section 469.002, the commissioners court of a county or a court may use other drug awareness or drug and alcohol driving awareness programs to treat persons convicted of drug or alcohol related offenses.")