Man who pleaded guilty to DWI, drug possession in 2024 fatal crash given probation

AUSTIN (KXAN) — A man was given deferred adjudication in May 2025 in connection with a fatal crash that occurred in April 2024 after pleading guilty to two charges. In Texas, deferred adjudication is a type of probation that allows the person sentenced to keep the conviction off their criminal record. According to Travis County court documents, 35-year-old Dontay Waffer pleaded guilty to third-degree Possession of a Controlled Substance and Driving While Intoxicated (DWI), which is a Class B misdemeanor. The charges were in connection with the death of 37-year-old Aaron Alcala Hernandez, which was investigated as Austin’s 24th fatal crash of 2024. Court documents showed a Collision Involving Death charge was dismissed after Waffer was prosecuted on the other charges. Plea terms for possession charge Waffer received four years of probation for having a controlled substance in Penalty Group 1, with a quantity of at least 1 gram but less than 4 grams. In Texas, PG1 drugs include cocaine, heroin, methamphetamine, ketamine, oxycodone and GHB. As part of the plea deal, Waffer must complete 200 hours of community service, as well as a driver's safety course. He is also subject to random urine analysis, among other requirements. Plea terms for DWI charge Waffer received two years of community supervision for the DWI charge. He was also instructed to complete 40 hours of community service. It is unknown if the community service requirement could be completed in tandem with those required for the possession charge.