The Travis County DWI Court Program is a 12-month or longer specialty court program for certain repeat DWI defendants. It's meant for people whose cases may involve alcohol or substance use issues and who may benefit from a structured program with treatment, court check-ins, and accountability.
If you were arrested for a second or later DWI in Austin, it can sound like a second chance. But entry is not automatic. The judge, prosecutors, and a clinical assessment can decide whether someone can enter the program.
Not every DWI case goes through this path. It's a demanding program with strict entry rules, multiple phases, regular court review, and long-term program rules.
For the right person, DWI Court may offer a structured alternative to the standard criminal case process.
Austin Attorney for the Travis County DWI Court Program
Before you agree to any plea or court program, you need to know what you're getting into. DWI Court may help the right person, but it also requires time, treatment, supervision, and full compliance.
Michael & Associates helps people charged with DWI in Austin understand their options before making a major decision about their case. Our Austin lawyers can help determine your DWI Court eligibility, review the evidence in your DWI case, assess license issues, and compare this option with other defense strategies.
Our team also brings trial-tested experience to DWI defense, with a 50% outright win rate and 65% favorable outcomes in 2025 jury trials, according to internal case records. Outright wins include not guilty verdicts, dismissals after jeopardy attaches, and directed verdicts.
How Does the Travis County DWI Court Program Work?
The DWI Court Program in Travis County is a specialty court program for eligible repeat DWI offenders that combines treatment, supervision, and judicial review. It's a way to improve community safety, support rehabilitation, help participants maintain an alcohol- and drug-free lifestyle, and reduce repeat offenses.
This program can run for 12 months or even longer, and the process usually begins with screening and review. A clinical assessment follows, and a decision is made on whether the person is a good fit for the program.
If prosecutors find the person legally eligible and the clinical assessment supports treatment, the person may enter a plea. The judge then decides whether to accept the person into the program.
Note that it's different from a normal DWI plea. Instead of simply moving through punishment, the case moves into a structured system. The participant must attend treatment, appear in court for progress reviews, report as required, and follow the court's rules.
The court doesn't just check in once or twice, and the participant is expected to keep making steady progress.
Note: After entry into the program, the case is managed through the DWI Court structure rather than a standard criminal docket.
Who Is Eligible for Travis County DWI Court?
Not everyone charged with DWI in Austin is eligible to enter DWI Court. The program is generally for a narrow group of repeat DWI defendants who meet legal and clinical screening requirements.
Travis County currently lists these basic eligibility factors for the DWI Court Program:
- 18 or older
- Travis County resident
- Repeat DWI cases that meet the program’s current legal screening requirements
- Cases without injured victims
- No unresolved holds or warrants
- No unresolved pending cases
- No prior assessment and counseling referral for the same offense
These are not the only issues that matter. Cases are reviewed individually, and criminal history is also evaluated. Violent history, stalking, protective order violations, or unrelated criminal history may hurt eligibility.
Is Travis County DWI Court Available for a Second DWI?
Yes, Travis County’s DWI Court is generally designed for certain repeat DWI defendants who meet the program’s current legal and clinical screening requirements. A second DWI may make someone eligible for the program, but eligibility is determined on a case-by-case basis.
However, entry is not automatic. Prosecutors, probation staff, and the court evaluate each case individually, and factors like criminal history, victim involvement, pending cases, or other disqualifying circumstances can affect eligibility.
Do You Have to Plead Guilty to Enter Travis County DWI Court?
In most cases, yes. Travis County’s DWI Court process indicates that once a defendant is found legally and clinically eligible, the defendant typically enters a plea before formal admission into the program.
Because entering a plea can significantly affect your defense options and sentencing exposure if you later fail the program, it is important to understand exactly what that plea means before agreeing to DWI Court.
What Are the Requirements of the Travis County DWI Court Program?
The program involves a lot of work. Participants may have to:
- Attend court
- Report to probation
- Go to individual counseling
- Attend group treatment
- Submit to monitoring
- Follow sobriety rules
The early part of the program is usually the most demanding. Phase I includes weekly court, probation reporting every other week, individual sessions, and group treatment three times per week. Later phases usually become less intense, but only if the participant stays compliant.
For many people, this has a considerable effect on daily life. Work schedules, childcare, transportation, finances, and family responsibilities can all be harder to manage while someone is in the program.
What Is the Travis County DWI Court Program Schedule?
The DWI Court Program in Travis County moves through five phases. The schedule can change based on compliance, assessment, and court decisions, but the official chart gives a clear picture of what to expect.
|
Phase / Duration |
Court Attendance |
Probation Reporting |
Individual Counseling |
Group Treatment |
|
Phase I / 14 weeks |
Weekly |
Every other week |
1-hour sessions (5 total) |
3 times per week; 42 groups; 2 hours each; Mon/Wed/Thurs, 6:00–8:00 PM |
|
Phase II / 8 weeks |
Twice a month |
Every other week |
1-hour sessions (2 total) |
Twice per week; 16 groups; 2 hours each; Mon/Thurs, 6:00–8:00 PM |
|
Phase III / 10 weeks |
Monthly |
Every other week |
None, unless needed |
Weekly; 10 groups; 2 hours each; Wed, 6:00–8:00 PM |
|
Phase IV / 11–13 weeks |
Monthly |
Monthly |
None, unless needed |
Monthly; 3 groups; 1.5 hours each; Tues, 6:00–7:30 PM |
|
Phase V / Maintenance |
Only as needed to address compliance issues |
Monthly |
Not applicable |
Not applicable |
Note the location for the following:
- Court attendance (Tuesdays): Court #7, 509 W. 11th Street
- Probation reporting: 411 W. 13th Street
- Counseling or treatment: 4011 McKinney Falls Parkway
Pre-treatment sessions are held on Thursday nights from 6 to 8 p.m. until the group is full. Relapse intervention may also be added based on assessment.
What Happens If You Complete the Program?
You will graduate from the program if you follow the DWI Court requirements, maintain sobriety, and complete the phased treatment program.
But not every case ends the same way. The legal result depends on the plea agreement, the charge, the person's record, and how the case was set up before entry into the program.
That's why you must understand what successful completion can and cannot do in your specific case before entering DWI Court. Don't assume your charge will be dismissed, reduced, or removed from your record unless that result is clearly part of the agreement.
What Happens If You Violate DWI Court or Don't Finish It?
Accountability is important for the program. The DWI Court team reviews individual progress and recommends incentives for accomplishments.
But if a participant falls behind, breaks program rules, misses treatment, or otherwise stops complying, the court can respond with sanctions. Those sanctions can mean more court attention, more treatment, closer supervision, or other consequences.
If a participant is terminated from the program, the court may proceed based on the existing plea agreement or underlying criminal case posture.
What are the Penalties for a Travis County DWI Case?
Under Texas Penal Code § 49.04, a person commits DWI if the person is intoxicated while operating a motor vehicle in a public place. The penalty depends on the specific case.
A standard first DWI is usually a Class B misdemeanor with at least 72 hours and up to 180 days in jail and a fine of up to $2,000.
When prior intoxication-related convictions are involved, the penalties are more serious:
For a second DWI, the offense is usually a Class A misdemeanor, with jail time of 30 days to 1 year and a fine of up to $4,000.
A third or subsequent DWI is usually a third-degree felony with a prison range of 2 to 10 years and a fine of up to $10,000.
Penalties can increase if there's an open container, a BAC of .15 or higher, a child passenger, a crash causing serious bodily injury or death, or certain school crossing zone circumstances.
Note: License consequences in Texas can arise through both the criminal conviction and the separate Administrative License Revocation (ALR) process, with suspension periods depending on prior history, refusal, or test results.
Official Travis County DWI Resources
- Travis County DWI Court Program: A good starting point for understanding how the program works, who may qualify, and what the court expects.
- DWI Court Participant Phase Chart: Helpful for seeing how the program is broken into phases and how the treatment and court schedule usually progress.
- Travis County Criminal Courts: Useful for court contact information and general Travis County criminal court guidance.
- Travis County Docket Search: Helpful for checking settings and basic case information.
Talk to Michael & Associates Before You Commit to a Program or a Plea
The Travis County DWI Court Program can help the right person, but it's not the right fit for every DWI case. Eligibility, criminal history, and specific case facts can affect whether this option is on the table.
If you think you qualify for the program, talk to a DWI lawyer who can help you understand everything about the program and determine whether you're truly eligible for it.
Michael & Associates can help you look at the whole picture. Our lawyers can explain whether DWI Court makes sense in your case, how the application process works, what a plea into the program may mean, and what risks come with entering the program.
