When our clients face DWI charges, our No. 1 goal is to get the charges against them dismissed outright. However, that won’t always be possible. Another option is to seek enrollment in a DWI Pretrial Diversion Program. These programs allow first-time offenders to get their DWI expunged from their criminal record.

However, there are strict qualification requirements that you must meet in order to enroll, and then, you will have to complete all of the requirements.

What is the DWI Pretrial Diversion Program in Texas?

DWI pretrial diversion programs (also known as a DWI pre-trial intervention program) provide a court-supervised alternative to prosecution for first-time DWI offenders.

DWI diversion programs aim to rehabilitate the offender and prevent future DWI incidents. It varies by county but requires participants to complete specific activities before they’re eligible to have their DWI expunged.

These may include:

• Participation in DWI classes 
• Mandatory alcohol treatment 
• Random urine tests 
• Community service requirements
• Attendance at personal and group counseling 
• Completion of drug and alcohol abuse education classes

After you complete the program, the judge will typically dismiss the DWI charges against you. The case will only be dismissed if you successfully complete all of the program’s terms. If you enroll in the pretrial diversion program but fail to complete it, you will be removed and face the legal penalties and consequences of the DWI. 

READ MORE: DUI vs. DWI in Texas

How Do I Qualify for Pretrial Diversion in Texas?

Generally, to qualify for pretrial diversion programs, you must:

• Have a valid driver’s license
• Have no prior arrests (even if you weren’t convicted)
• Not have violated Texas’ open container law in Texas at the time of your arrest
• Be employed or in school full-time
• Admit guilt
• Submit a urine sample for analysis
• Agree to fingerprinting and an FBI background check
• Complete an interview with The Chief Pretrial Services Officer
• Pay the required fees (generally about $300)

Different counties may have different requirements, and judges may add requirements of their own, including: 

• Up-to-date car insurance 
• Blood alcohol concentration below a certain level 
• No DWI-related accidents resulting in injuries or deaths 

If I Meet the Qualifications, Will I Be Accepted into the Pretrial Diversion Program?

Acceptance into a pretrial diversion program is not guaranteed. These programs are reserved for people who the courts believe won’t be repeat offenders. Even if you qualify, if the Pretrial Services Department believes you’re likely to relapse, you won’t be admitted. 

In other words, you must make a good impression and convince the people in the Pretrial Services Department that you sincerely regret your DWI. To this end, you must be polite and respectful in all interactions with the Pretrial Services Department staff.

And bear in mind that after you’re admitted, you still have to complete the program requirements, which can be time-consuming. If you violate even one of the terms, you could end up back in court. 

READ MORE: First DWI/DUI in Texas? What you need to know

How Do You Complete the Pretrial Diversion Program? 

In Texas, DWI pretrial diversion programs can be customized. The plan you’re assigned depends on what the Pretrial Services Department believes will help you the most. 

Common requirements include:

• Program duration of 12 to 18 months
• Participation in classes and/or counseling
• Use of an ignition interlock device
• A curfew
• Random drug tests
• Community service requirements
• Regular check-ins with a probation officer (via email)
• The need to request permission to leave the state

Will Pretrial Diversion Allow Me to Expunge My DWI Charge?

Successful completion of a PTD program will result in a dismissal of the charges against you. As a result, there will not be a conviction that shows on a background check.

However, it’s possible that your DWI arrest may still appear on background checks, where employers and potential landlords will be able to see them – though they may appear as “dismissed.” That’s why you may need to file for an expunction. 

The steps required to get that arrest expunged may vary by jurisdiction, and you’ll need to ask your lawyer or the Pretrial Services Department about the next steps once you’ve completed the program.

An expunction removes the DWI from your record, so it won’t appear in background checks.

If you have to file for expungement, you’ll need to: 

• File a petition
• Attend a hearing 
• Wait for the court to make a decision 

Once the court grants your petition, the agencies have a fixed amount of time to destroy or redact the records 

READ MORE: How to get a DWI expunged in Texas

More Commonly Asked Questions

What is a Pretrial Intervention Program for DWI in Texas?

A pretrial intervention program is the same as a pretrial diversion program. Texas has two names for the same program. 

Will Pretrial Diversion Show Up On Background Checks in Texas?

Successful completion of a PTD program will result in a dismissal of the charge. As a result, there will not be a conviction that shows on a background check. However, an arrest may still show, and it’s why you may need to file for an expunction after completing the program. If you fail to file for an expunction after completing a PTD, the arrest will still appear on their background check and the outcome may show as “dismissed” or something similar. It’s important to discuss these next steps with your attorney to ensure that the proper paperwork is completed.

How Long is Pretrial Diversion in Texas?

It usually lasts from 12 to 18 months.