Deferred adjudication is a type of probation in Texas in which the judge defers a guilty finding for a first-time DWI offense — even if you plead guilty or no contest — and instead places you on supervised community supervision (probation). If you complete the terms, the case does not result in a final conviction.
Texas historically did not allow deferred adjudication for DWI until House Bill 3582 took effect on September 1, 2019. Now, some first-time DWI offenders can qualify, but the rules are strict. To be eligible, you must have no prior criminal history, a BAC between 0.08% and 0.14%, and the DWI must not have caused any injury or death.
Key Takeaways
- Deferred adjudication for DWI allows you to avoid a final conviction if you complete probation.
- It still counts as a prior DWI if you are arrested again.
- It can be a beneficial option—but dismissal is always better if possible.
How Deferred Adjudication Works for DWI
Deferred adjudication is sometimes seen as a “second chance,” but it is not always the best option.
In a DWI deferred adjudication case:
- You enter a plea of guilty or no contest.
- The judge pauses the conviction instead of entering it.
- You complete probation with strict conditions.
- If you finish successfully, the case ends without a conviction.
- If you violate probation, the judge can enter the original plea and impose the original sentence.
Deferred adjudication can offer significant benefits, but it still counts as a prior DWI if you are arrested again.
Who Qualifies for DWI Deferred Adjudication in Texas?
Only certain defendants are eligible. You may qualify if:
- It is your first DWI
- Your BAC was under 0.15
- There was no accident causing injury
- There was no child passenger in the car
- You are not charged with Intoxication Assault or Intoxication Manslaughter
You are not eligible if your BAC was 0.15 or higher — those cases are Class A misdemeanors and excluded by law.
Probation Conditions for DWI Deferred Adjudication
Courts require strict supervision, which may include:
- DWI education courses
- Community service
- Ignition interlock device (IID)
- Random alcohol/drug testing
- Alcohol monitoring devices (SCRAM)
- Victim impact panel
- No new offenses
- Regular reporting to a probation officer
An IID is often required throughout the probation period.
Three Benefits of Deferred Adjudication for DWI
1. No Final Conviction
If completed successfully, the case ends without a conviction, which can help with:
- Background checks
- Housing applications
- Some employment screenings
2. Eligibility for an Order of Nondisclosure
In many cases, you can seal the record through an Order of Nondisclosure, preventing most employers and the public from accessing the arrest record.
3. No Jail Time
Deferred adjudication focuses on supervision rather than incarceration, and it allows you to keep your job (and earn a living) while also serving your sentence.
Four Drawbacks of Deferred Adjudication for DWI
1. It Counts as a Prior for Future DWIs
Even if you seal the record, the law still treats a deferred adjudication DWI as a prior offense and any future DWIs will be enhanced.
2. License Suspension Still Applies
Deferred adjudication will not prevent:
- ALR (Administrative License Revocation) suspensions
- Mandatory interlock requirements
3. Not All Employers Ignore Deferred Cases
Some background systems still detect sealed charges in certain circumstances (e.g., government agencies, licensing boards, etc.).
4. You Still Plead Guilty
If you violate probation, you can be convicted quickly because the plea is already entered.
Can You Get Your DWI Deferred Adjudication Sealed?
Many people can. Under Texas Government Code §411.0726, you may petition for an Order of Nondisclosure if:
- You completed deferred adjudication
- You complied with the IID requirements
- You have no disqualifying offenses
- Enough time has passed since probation ended.
This seals the arrest and deferred adjudication from most background checks.
Timeframes vary but often range from immediately upon completion up to 2 years, depending on IID use.
Is Deferred Adjudication Better Than a DWI Dismissal?
No. A dismissal is always better. Deferred adjudication is only worth considering when:
- A dismissal is unlikely
- A straight conviction is the alternative
- Sealing the record is a high priority
The ideal path is always:
- Try to beat the case
- If that fails, evaluate deferred adjudication as a strategic fallback.
Have you been charged with DWI?
Contact Michael & Associates today for a free case review. One of our senior trial attorneys will explain your options and help you figure out what your next step should be.
FAQs
Does deferred adjudication remove a DWI from my record?
Not automatically. You must file for an Order of Nondisclosure to seal it.
Can I get deferred adjudication for a second DWI?
No. It is only available for certain first-time DWIs.
Will my license still be suspended?
Yes. ALR suspensions apply separately from the criminal case, even with deferred adjudication.
