Texans' Jones Can Avoid NFL Punishment

Houston Texans returner/receiver Jacoby Jones has been accepted into the Harris County DWI Divert program which gives him the chance to have his record expunged and avoid potential punishment from the National Football League.

Jones was arrested and charged with DWI in March of last year.

Harris County's new program, which began August 1, is called Divert which stands for Direct Intervention using Voluntary Education, Restitution and Treatment.

Jones will go before Harris County Judge Jay Karahan Tuesday where his agreement with the Harris County District Attorney's office will become official.

"I appreciate the opportunity the district attorney is giving me and I'm going into this program and I've learned from my mistake and I hope everybody in the city of Houston and the kids will not drink and drive," Jones said in an interview Monday with FOX 26 Sports.

Along with having the potential to have his case dismissed and expunged from his record, Jones, if he successfully completes the program, will not be subject to further punishment from the NFL.

"In my talks with the NFL and my work with the district attorney's office, this resolution allows for Jacoby to continue with the team in an uninterrupted fashion," said Chip Lewis, Jones' attorney.

"He won't be disciplined, suspended or likewise because he won't be found guilty. He does the things that he said he will do over the next few months and the case will be dismissed."

Divert was crafted for Harris County District Attorney Patricia Lykos by assistant district attorney Roger Bridgewater who told FOX 26 Sports Jones is a perfect candidate for the program.

"He's an ideal example because he's someone that clearly, once he was charged and arrested, realized that this was probably the stupidest thing that he'd ever done and how he wished that he could have another chance and that's who this is geared for, are those people that realize the mistake that they've made," Bridgewater said.

"They have motivation and they want to make a change and we provide them with the tools where they can do that and the opportunity to have it removed from their record."

Only first-time offenders are eligible for Divert and Bridgewater said Harris County's ultimate motivation is to make the roads safer. Bridgewater said statistics show 80% of those people who undergo treatment don't drive while intoxicated again.

"(It's) an attempt to address the escalating DWI problem in Harris County and as well as the reputation we have for being the number one (Iin the nation) in DWI intoxicated fatalities," Bridgewater said.

"So we came up with a program that would encourage people to take a treatment program and in return for taking that treatment program they would have the opportunity to have that case expunged three years after the offense has occurred, it they successfully complete the program."

Divert's treatment program can last from 12 months to two years. Once the program is completed the case is dismissed, and if the participant involved doesn't have any kind of offenses for the next two years, the arrest will be removed from their record, if the program has been followed to the letter. It is the first time Harris County has offered such a program and it is the only one like it in the state.

Bridgewater adds all those in the program have an ignition interlock put in their vehicles during the first six months they are in the program. The driver blows into the device that measures blood-alcohol content. If the level is too high the car will not start.

Bridgewater also said for those in the program who frequently travel, like Jones, they are instructed to use a scram bracelet which also measures blood-alcohol content which can be read by local authorities when they return to Houston.

"There's a statute in government code that authorizes pre-trial intervention and that's what this is," Bridgewater said. "It is intervention before a case is disposed of."

NFL officials were not available for comment.