DWI Deferred Adjudication in Texas

Attorney Trey Porter
Trey Porter

DWI Deferred Adjudication in Texas

Video Placeholder

With the passage of House Bill 3582, the Texas Legislature has made Deferred Adjudication a possibility for first-time DWI offenders. Recipients of Deferred Adjudication are able to avoid incarceration and a final conviction. Once Community Supervision is successfully completed, the DWI charge is dismissed by the court. In many cases, the criminal charge and arrest records may later be sealed through an Order of Nondisclosure.

  • What does deferred adjudication mean in Texas? Deferred adjudication is a special form of Community Supervision that allows an individual to avoid the risk of incarceration and a final conviction. Learn more.
  • First DWI in Texas dismissed? There are multiple ways to obtain a DWI dismissal in Texas. One of the best routes for first-time offenders is to complete a Pre-Trial Diversion (PTD) program. Unfortunately, the Bexar County District Attorney in San Antonio refuses admission to first-time DWI offenders.Deferred Adjudication is another option, available in limited situations, that results in a dismissal. While not as powerful as an outright dismissal, it can be the best option in certain cases. Learn more.

How to get Deferred Adjudication for DWI

Eligible individuals can only receive Deferred Adjudication through application. There are a number of qualifying factors. Deferred Adjudication is only available for a DWI first-offense, if the incident did not involve an accident, and if the driver’s blood alcohol concentration (BAC) was below  0.15. Commercially licensed drivers are barred from receiving Deferred Adjudication for any moving offense, including DWI. 

  • Is Deferred Adjudication considered a conviction in Texas? No. Upon successful completion of a Deferred Adjudication probation, the criminal charge is dismissed, and the case is closed. There is no final conviction.
  • How long does Deferred Adjudication stay on record in Texas? Forever. Even though the charge has been dismissed, the record of the incident remains, and is not eligible for expunction. In some cases, the incident may be sealed through an Order of Nondisclosure.While a successful DWI Deferred Adjudication does not result in a conviction, it can still be used for enhancement purposes in subsequent prosecutions.

Requirements for DWI Deferred Adjudication

Community Supervision is a requirement of Deferred Adjudication. The term is negotiable, and ultimately up to the judge. There is no minimum term. The maximum is 12 months. Though discretionary, Community Supervision typically requires completion of classes, participation in drug and alcohol screenings, and community service. Drug testing, reporting, and the installation of an Ignition Interlock Device (IID) are also mandatory. 

  • How long do I need interlock in Texas? The term of the IID is determined by the judge. It can be extended due to a number of circumstances. Early removal, while legally possible, is highly unlikely, and happens very rarely.
  • Can you get a DUI for failing interlock? No. A failed test cannot form the basis for a new criminal charge. However, a failed IID test will result in a violation report sent to the judge. This can have serious consequences.

What Happens if you Violate DWI Deferred Adjudication?

Probation violations are very serious and can have devastating consequences. Defendants on Deferred Adjudication probation are, by law, subject to the full range of punishment upon revocation. This means that a judge can apply the maximum punishment for the simplest violation.

  • What is a motion to revoke probation? A Motion to Revoke Probation (MTR) is filed by the State when a defendant violates any term or condition of probation. These are most commonly filed after a failed drug test, a high blow on an IID, or a failure to report to probation. An MTR can result in a final conviction, jail time, and life-long consequences.
  • Does a deferred adjudication stay on your record? Yes. A Deferred Adjudication stays on the record. In many cases it can be sealed after dismissal. However, if Deferred Adjudication is lost through an MTR resulting in a final Adjudication of Guilt, then the disposition is recorded as a final criminal conviction.

Can you Expunge DWI First Offense?

Yes. Any DWI charge may be expunged if the charge was dismissed without court-ordered Community Supervision. Additionally, if an acquittal is won at trial the charge is eligible for an expedited expunction with discounted filing fees.

However, DWI charges are not eligible for expunction after successful completion of a Deferred Adjudication probation. A first-time DWI charge may be sealed through an Order of Nondisclosure if the defendant has no criminal history aside from Class C citations. Learn more. 

  • Difference between deferred disposition and deferred adjudication Deferred Disposition is only available for Class C Misdemeanors. A Deferred Disposition does not result in Community Supervision, and thus does not prevent an individual for later seeking an Expunction.
  • How do I remove a deferred adjudication from my record? It’s impossible to remove the record of an offense where Deferred Adjudication was granted. It is, however, possible to seal the record in certain circumstances. Learn more.


Trey Porter is a dynamic advocate, nationally recognized for his work in DWI Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

Did like a post? Share it with:
Attorney Trey Porter

Trey Porter

Trey Porter is one of the highest-rated criminal defense attorneys in Texas. Nationally recognized, Mr. Porter relentlessly fights to protect and assert his clients’ constitutional rights in and out of courtrooms across the state.


If you have been arrested and charged with a crime, it’s time to start building your defense.

Related Posts

Let's Get Legal on YouTube!

Tune In for Legal Tips, Laughs, and Learning

Explore More Legal Adventures: Discover Related Posts

Discover Related Posts


Explore Our Legal Categories

constitutional rights









What our clients think about us

Unlock the Perks of Choosing Us!


a free consultation

Contact Trey Porter Today

The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.
Contact Trey Porter Today
Request a free consultation
Legal Insights Unveiled:
Your Path to Clarity

Results matter when life and livelihood are on the line. DWI arrests are warrantless arrests, and the State is legally bound to a burden of proving the charge beyond all reasonable doubt.

© 2024 Trey Porter | All Rights Reserved