Yes, since September 1, 2019, you can get deferred adjudication for a first-offense DWI in Texas if you meet the eligibility requirements. This is a relatively new option: for most of Texas history, DWI was excluded from deferred adjudication entirely, until House Bill 3582 changed the law. If you qualify, a Houston DWI lawyer may be able to seek deferred adjudication probation for you, though often a better outcome, like a dismissal or reduction, is possible.
What Deferred Adjudication Is
With deferred adjudication, you plead guilty or no contest, but the judge defers a finding of guilt and places you on community supervision (probation) instead. Under Texas Code of Criminal Procedure Article 42A (which replaced the older Article 42.12), the judge must find that the evidence supports the charge and that supervision serves the best interests of you and society. If you complete the terms successfully, you are not convicted of the DWI, though, as explained below, it does not simply disappear from your record.
Already completed a DWI deferred? Many first-time DWI defendants can seal the record two years after discharge. See if you qualify with our free eligibility tool.
Eligibility for Deferred Adjudication (Post-2019)
Under HB 3582, deferred adjudication is generally available for a first-offense DWI under Penal Code ยง 49.04 only if:
- Your blood alcohol concentration (BAC) was below 0.15: a 0.15-or-higher reading is a separate, enhanced offense and is not eligible.
- The offense did not involve an accident causing injury.
- This is your first DWI: no prior DWI conviction or deferred adjudication.
- You did not hold a commercial driver’s license (CDL) at the time of the offense.
Deferred adjudication is not available for flying while intoxicated, DWI with a child passenger, intoxication assault, or intoxication manslaughter. The full list of charges that can and can’t get deferred, judge-ordered or jury probation is on our page about who is eligible for probation in Texas. If you receive deferred adjudication for DWI, you are also required to install an ignition interlock device on your vehicle.
The Catch: It Can Count Against You Later
Deferred adjudication for DWI is not a clean escape hatch. If you are ever charged with a second DWI, the prior deferred adjudication counts as a prior conviction for enhancement, meaning the new charge is elevated (from a Class B to a Class A misdemeanor), with higher minimum penalties. In other words, deferred adjudication can protect your record now but raise the stakes later.
Things to Know Before You Agree to Deferred Adjudication
- It stays on your criminal record even after you complete probation. It is not automatically erased.
- There is a waiting period before you can petition for a nondisclosure (sealing) order, and not every deferred adjudication is eligible.
- You avoid a conviction only if you complete every condition. If you violate the terms, the judge can find you guilty and impose the maximum penalty for the DWI.
- You’ll be supervised and usually subject to drug and alcohol testing, alcohol-education classes, community service, and monthly fees.
Is Deferred Adjudication the Right Choice?
For some people, deferred adjudication is a good outcome. But often a strong defense can do better, a dismissal or reduction that avoids the interlock, the probation, and the future-enhancement trap altogether. Whether to pursue deferred adjudication, a reduction, or trial depends on the strength of the State’s evidence, and it’s a decision to make with an experienced lawyer.
Find Out If You Qualify. Contact Blass Law
Before you agree to deferred adjudication, find out whether you have a better option. Contact Blass Law for a confidential case evaluation or call (713) 664-4000 to talk through your case.
A Houston DWI and criminal defense attorney since 2009 who has never worked for the prosecution. Jay is an ACS-CHAL Forensic Lawyer-Scientist, a certified practitioner and instructor of Standardized Field Sobriety Testing, a certified Drug Recognition Expert, and trained in forensic chromatography. He is a member of the National College for DUI Defense, a founding member of the DUI Defense Lawyers Association, and a commissioner on the Texas Indigent Defense Commission, appointed by Gov. Abbott in 2023.
Last reviewed July 2026 · This article is legal information, not legal advice. Read Jay’s full bio →