Lamar Odom DUI Plea Deal: How Texas Treats DWI Reductions and Plea Bargains

Most driving-while-intoxicated cases never reach a jury. They are resolved through negotiation — and the reported plea deal in former NBA champion Lamar Odom’s Las Vegas DUI case is a textbook example. According to his attorney, Odom is expected to enter a no-contest plea that reduces his DUI charge to reckless driving. That single move — trading an intoxication charge for a lesser traffic offense — is one of the most consequential things that can happen in a DWI case. Here is how that same negotiation would play out under Texas law in a Frisco or DFW courtroom.

What Happened

According to FOX Sports, Odom, 46, was charged with driving under the influence, speeding, and failure to stay in a driving lane after a January 17 traffic stop on a Las Vegas highway. A Nevada State Police trooper reported that Odom was speeding and changing lanes without signaling, had bloodshot eyes, and smelled of marijuana; Odom denied drinking and said a passenger had been smoking. The trooper described the field-sobriety tests as unsatisfactory. His attorney, Michael Becker, said Odom is expected to enter a no-contest plea that reduces the DUI charge to reckless driving — accepting the prosecutor’s terms without admitting guilt. A bench trial was continued to allow the plea to be entered later this month. Odom previously pleaded no contest to a 2013 Los Angeles DUI and received three years’ probation.

This article is L & L Law Group’s general legal commentary on a national news story. We do not represent anyone involved, we have no inside knowledge of this case, and nothing here is a prediction about its outcome. An arrest is only an accusation, and everyone accused of a crime is presumed innocent unless and until proven guilty in court.

What a DWI Charge Reduction Looks Like in Texas

In Texas, a first DWI under Penal Code § 49.04 is a Class B misdemeanor carrying up to 180 days in jail, a fine up to \$2,000, and a driver’s-license suspension. A DWI conviction also cannot be sealed or expunged in most circumstances — it stays on the record. That permanence is exactly why defendants fight so hard for a reduction. The most common negotiated outcome is a plea to a lesser, non-intoxication offense — frequently obstruction of a highway or passageway under Penal Code § 42.03, which Texas practitioners often call the “wet reckless” equivalent. Unlike a DWI, that offense is not an intoxication crime, does not trigger the same license and insurance consequences, and may later be eligible for nondisclosure. Prosecutors agree to reductions when the evidence has weaknesses — a questionable stop, borderline field-sobriety performance, no breath or blood result, or problems with the traffic-stop video.

No-Contest Pleas and Deferred Adjudication

A no-contest (nolo contendere) plea under Texas Code of Criminal Procedure Art. 27.02 has the same effect in the criminal case as a guilty plea, but it is not an admission that can be used against the defendant in a related civil lawsuit — a meaningful distinction for a public figure facing potential civil exposure. Texas also historically limited deferred adjudication for DWI, but a 2019 change now allows it for eligible first-time DWI offenders (generally those with a blood-alcohol level under 0.15 and no accident), letting them avoid a final conviction by completing community supervision. Deferred adjudication is not available for repeat DWIs, which is one reason prior history matters so much.

Marijuana, Prior Offenses, and Enhancement

Because officers here reported the smell of marijuana rather than alcohol, it is worth emphasizing that Texas DWI law covers impairment by any substance, not just alcohol — “intoxicated” under § 49.01 includes loss of normal mental or physical faculties due to a drug. And prior offenses escalate everything: a second DWI is a Class A misdemeanor, and a third is a third-degree felony (2 to 10 years) under § 49.09. In Texas, DWI priors never “wash out” — there is no lookback limit — so an old case can enhance a new one decades later. That is a critical consideration any time a defendant with a prior intoxication offense is weighing a plea.

Why the Stop Itself Matters Most

The strongest defense leverage in most DWI cases comes from the traffic stop and the arrest procedure. Was there reasonable suspicion for the stop? Were the standardized field-sobriety tests administered correctly? Was there a valid breath or blood sample, and was the chain of custody sound? Under Code of Criminal Procedure Art. 38.23, evidence obtained through an unlawful stop or search can be suppressed — and a successful suppression motion is frequently what pushes a prosecutor toward the very kind of reduction reportedly at play here. None of this is a comment on Odom’s case specifically; it is simply how DWI negotiations are driven in Texas courts.

How L & L Law Group Can Help

DWI cases are won or lost on details — the legality of the stop, the field-sobriety administration, the breath or blood evidence, and the leverage those weaknesses create at the negotiating table. At L & L Law Group, PLLC, we push for dismissals, suppression, charge reductions, and deferred adjudication wherever the facts allow, and we protect clients from the license and enhancement consequences that follow an intoxication conviction. If you or a loved one is facing a DWI in Frisco or anywhere in the DFW area, call us at (972) 370-5060 for a confidential consultation.

By Reggie London and Njeri London.