2025 Texas DWI Case Outcomes Report

September 17, 2026
Rebecca Stumpf
Written By
Ben Michael
Legal Review By
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Most DWI statistics tell you how many people were arrested or convicted. Our data provides a different perspective: what actually happened to people charged with DWI after they hired Michael & Associates Criminal Defense Attorneys.

We analyzed our 2025 Texas DWI caseload to identify how cases were resolved, including dismissals, reduced charges, diversion, deferred adjudication probation, straight probation, acquittals, and incarceration-related outcomes.

The numbers below are exclusive to Michael & Associates and are based on our own 2025 Texas DWI cases. They are not statewide statistics and should not be interpreted as a prediction or guarantee of any individual case outcome. Every DWI case depends on its facts, evidence, criminal history, jurisdiction, prosecutor, judge, and other circumstances.

It's important to note that to date, about 40% of 2025 DWI cases remain unresolved. Many DWIs in Texas can take between six and nine months for a resolution, while some can stretch on for a year or more.

The data provides a rare look at real-world DWI outcomes for our clients. Among the 825 cases resolved during the period analyzed, 56.4% ended in what we classified as a favorable outcome: dismissal, pretrial diversion or intervention, deferred adjudication probation, a reduced charge with deferred adjudication probation, or a trial acquittal.

Here is what happened in our 2025 Texas DWI cases.

Overall Texas DWI 2025 Caseload

Results reflect Michael & Associates outcomes only.

Outcome

Cases

% of cases

Still pending

545

39.8%

Resolved cases

825

60.2%

 

About this data: This analysis covers 1,370 Texas DWI cases handled by Michael & Associates in 2025. As of September 2026, 825 cases had been resolved, and 545 remained pending. Unless otherwise noted, outcome percentages are calculated using resolved cases.

Favorable Outcomes

More than half of resolved Texas DWI matters resulted in a dismissal, diversion, deferred adjudication probation, a reduced charge with deferred adjudication probation, or acquittal.

 

Outcome

Percentage resolved

Dismissed

15.8%

Pretrial diversion/intervention

8.7%

Deferred adjudication probation

15.3%

Reduced charge + deferred adjudication probation

16.2%

Trial acquittal

0.4%

Total favorable outcomes

56.4%

 

Straight Probation Outcomes

 

These cases resulted in straight probation rather than deferred adjudication probation or an incarceration-related outcome.



Outcome

Percentage resolved

Straight probation

16.7%

Reduced charge + straight probation

7.2%

Total straight probation

23.9%

First DWI Offenses

First DWI cases accounted for 49.5% of our incarceration-related DWI dispositions. The percentages below look only at those first-offense cases with an incarceration-related outcome, not all resolved first-offense DWI cases.

Among those cases, more than 8 out of 10 involved time served rather than an additional jail sentence.

  • 70.8% were resolved with time served
  • 16.7% involved a jail sentence on the DWI charge
  • 10.4% were reduced charges with time served
  • 2.1% were a reduced charge with a jail sentence

County-level outcomes also varied considerably. Among Michael & Associates' first-offense DWI cases in Montgomery County in 2025, 34.2% had an incarceration-related outcome, compared with 14.6% in Harris County and 4% or less in Travis, Tarrant, and Williamson counties.

Notably, Bexar and Dallas counties recorded essentially zero first-DWI jail sentences.

Incarceration Outcomes by DWI Charge

The percentages below show the share of our incarceration-related DWI outcomes associated with each charge category, not the incarceration rate for everyone facing that charge.

Charge

Percentage of incarceration-related outcomes

Second DWI 

24.7%

DWI > .15

12.4%

Third DWI

12.4%

DWI with child passenger

3.1%

Among our resolved 2025 Texas DWI cases, 13.3% had an incarceration-related outcome. Those outcomes included time served, jail or prison sentences, reduced charges with incarceration-related outcomes, and guilty trial verdicts that resulted in jail sentences.


Outcome

Percentage resolved

Time served

5.8%

Jail/prison sentence

3.8%

Reduced charge + time served

1.6%

Reduced charge + jail sentence

0.7%

Trial: Guilty verdict 

1.5%

Percentages may not total exactly due to rounding.

County Level Outcomes

Among counties where Michael & Associates handled at least 10 DWI cases in 2025, incarceration-related outcome rates varied substantially. These percentages reflect our clients' outcomes, not countywide DWI outcomes.

These figures represent outcomes among Michael & Associates clients and should not be interpreted as the probability that any individual charged with DWI in those counties will be incarcerated.

Highest incarceration-related outcome rates

  • Montgomery: 42%
  • Brazoria: 17% 
  • Galveston: 16% 
  • Harris: 16%

Moderate incarceration-related outcome rates

  • Collin: 7.3% 
  • Tarrant: 5.0% 
  • Williamson: 4.4%
  • Travis: 4.4% 

Lowest incarceration-related outcome rates

  • Bell: 3.1% 
  • Denton: 1.9% 
  • Dallas: 1.3%
  • Bexar: 0.7% 

Highest incarceration-related outcome rates for first DWI

  • Montgomery: 34.2%
  • Galveston: 23.1% 
  • Brazoria: 16.0%
  • Harris: 14.6% 

Moderate incarceration-related outcome rates for first DWI

  • Collin: 6.9%

Lowest incarceration-related outcome rates for first DWI

  • Travis: 4.0% 
  • Tarrant: 3.6% 
  • Williamson: 3.0% 
  • Denton: 1.4% 

Felony DWI Case outcomes in 2025

3.8% of felony DWI cases were dismissed. Of resolved felony DWI cases, about 59% resulted in probation and 17% resulted in incarceration-related outcomes. Because some 2025 felony cases remained pending at the time of our analysis, the tables below show outcomes as a percentage of all felony DWI cases, including unresolved cases.

Reduced charges also accounted for a meaningful share of our felony DWI outcomes. In some cases, clients originally facing felony DWI charges ultimately resolved their cases on reduced charges.

Probation Outcomes

Outcome

Percentage of all 2025 felony DWI cases

Straight probation

21.3%

Reduced charge + straight probation

8.8%

Reduced charge + deferred adjudication probation

3.1%

Deferred adjudication probation 

1.3%

 

Jail/Prison Outcomes

Outcome

Percentage of all 2025 felony DWI cases

Jail/prison

6.9%

Reduced charge + jail/prison

1.3%

Jail/prison (time served)

0.6%

Reduced charge + jail/prison (time served)

0.6%

Trial: Guilty verdict

0.6%

Facing a DWI in Texas? Put Our Experience to Work

Every DWI case is different, but the right defense starts with understanding the evidence and knowing how to challenge it. Michael & Associates' defense team includes three attorneys board-certified in Criminal Law by the Texas Board of Legal Specialization, and attorneys who have completed advanced forensic training through the American Chemical Society's Chemistry and the Law Division (ACS-CHAL).

If you've been charged with DWI in Texas, contact Michael & Associates today for a free consultation.

 

Rebecca Stumpf

About Rebecca Stumpf

Rebecca Stumpf is the Director of Public Relations at Michael & Associates, a criminal defense law firm serving Texas, California, and Tennessee. She has more than 30 years of experience in journalism and media strategy, including work at The Dallas Morning News. Her work has been cited by CNN, CNBC, NPR, Business Insider, and the Consumer Financial Protection Bureau.

Ben Michael

Legal Review By

Ben Michael

Ben Michael is the founder and Managing Partner of Michael & Associates, and has nearly a decade of experience in criminal defense here in Austin, TX. He is an experienced criminal defense attorney who has spent nearly a decade helping those accused of crimes achieve the best possible outcome. He has successfully defended hundreds of clients, handling all sorts of legal issues, including DWI, assault, domestic violence, sex crimes, possession of controlled substances, expungement cases, and…

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