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A Harlingen police sergeant jailed during the Memorial Day Weekend for DWI may avoid a criminal record after being enrolled in the county's pre-trial diversion program.

The Cameron County District Attorney's Office confirmed that Sgt. Michael Brad Fechner is enrolled in the program.

Texas Department of Public Safety (DPS) state troopers arrested Fechner for driving while intoxicated off North Ed Carey Drive back in May.

The District Attorney's Office said Fechner met the minimum requirement for enrollment in the program:

• First time offenders
• Non-Felony Offense
• Non-Violent Offenses
• A BAC of less than .15 in alleged DWI’s
• No injury or death alleged in offense

The District Attorney's Office determines which cases can be enrolled in the pre-trial diversion program.

Under the program, Fechner must report to an officer from the Cameron County Adult Probation Department.

A copy of Fechner's pre-trial diversion order was not immediately available but the District Attorney's Office reported that cases usually:

• A supervised probationary term of 12 months
• Fees associated with participation in the PTD program.
• Community service
• Alcohol and Drug Testing
• Alcohol/Drug Counseling
• DWI Education Program
• Attendance and Completion of MADD Impact Panel
• Full Time Employment or Full Time Enrollment in Higher Education

If Fechner completes the program, the arrest will not count as a conviction allowing him to keep his peace officer's license and stay employed in law enforcement.

But any violation of the conditions of the order may result in a conviction.

Harlingen Police Chief Danny Castillo could not immediately be reached for comment while one of Fechner's attorney David Gonzales III said he could not comment on the case without speaking to his client.

Cameron County District Attorney Armando Villalobos released the following statement about the Pre-Trial Diversion Program:

“Our PTD program has been very successful in allowing First Time Offenders to rehabilitate themselves without substantial costs to the Taxpayers. The successful PTD participant is able to overcome his/her shortcomings and mistakes, and is allowed a second chance in life to continue positive contributions to society with a clean record. Most are able to save their careers and steer clear of future run-ins with law enforcement or the Criminal Justice System.”