First-Time Offender

You must not have any prior convictions or prior deferred adjudications for DWI or similar intoxication-related offenses.

No Prior Convictions for More Serious Offenses

You cannot have been convicted of:

• DWI with a blood alcohol concentration (BAC) of 0.15 or higher
• DWI with a child passenger
• Intoxication assault or intoxication manslaughter

Prosecutor and Judge Approval

Even if you meet the basic qualifications, prosecutors are not required to offer deferred adjudication, and judges are not obligated to accept it. Your attorney must negotiate the terms as part of a plea deal.

What Are the Terms of Deferred Adjudication for DWI?

If you are granted deferred adjudication, you will be placed on community supervision, also known as probation. Conditions typically include:

• Completion of a DWI education program
• Installation of an ignition interlock device (IID)
• No consumption of alcohol
• Regular reporting to a probation officer
• Random drug/alcohol testing
• Community service
• Payment of fines, court costs, and supervision fees

The length of supervision can vary, but it typically lasts up to 24 months for a misdemeanor DWI. If you complete all requirements successfully, your case ends without a conviction.

Is Deferred Adjudication the Same as Expungement?

No. Even though deferred adjudication can help you avoid a conviction, it does not remove all traces of the arrest or charge from your record.

However, you may be eligible for an Order of Nondisclosure (a type of record sealing) once you successfully complete the deferred adjudication and any required waiting period. This limits who can see the record, though law enforcement, licensing agencies, and certain government entities will still have access.

Benefits of Deferred Adjudication for DWI

For those who qualify, deferred adjudication offers several important advantages:

Avoids a Formal Conviction

Unlike a standard guilty plea, deferred adjudication keeps a conviction off your criminal record (if completed successfully).

May Qualify for Nondisclosure

After a waiting period, you may petition for an Order of Nondisclosure, which seals your record from most public background checks.

No Jail Time (Usually)

Most deferred adjudication agreements include probation instead of jail, allowing you to continue working and supporting your family.

Preserves Some Future Opportunities

Avoiding a conviction may protect your ability to qualify for jobs, professional licenses, housing, and other opportunities that could be denied with a DWI conviction.

Drawbacks and Limitations

While deferred adjudication can be beneficial, it is not a “free pass.” There are still risks and consequences to consider:

Still Counts as a Prior Offense

Even without a formal conviction, a DWI resolved through deferred adjudication can be used against you in future cases. If you are charged again, it may enhance the penalties, just like a prior conviction would.

Not Automatically Sealed

To protect your record, you must petition the court for an Order of Nondisclosure. This is not automatic and can be denied in some cases.

Strict Probation Requirements

Deferred adjudication often comes with strict terms. Any violation, like missing a meeting or failing a test, can lead to revocation, resulting in a conviction and sentencing.

No Jury Trial

When you accept deferred adjudication, you waive your right to a trial. You place your fate in the hands of the judge, and must fully comply with the court’s supervision.

Common Questions About DWI Deferred Adjudication

Can I get deferred adjudication for a felony DWI?

No. Deferred adjudication is not available for felony-level DWIs, including DWI with a child passenger, intoxication assault, or manslaughter.

Will deferred adjudication protect my license?

Not necessarily. Even if your case ends without a conviction, you may still face Administrative License Revocation (ALR) for refusing or failing a chemical test. We help clients fight both the criminal and license suspension processes.

Can I get a nondisclosure immediately after probation?

Not always. For most first-time DWI cases, there is a 2-year waiting period after successful completion of deferred adjudication before you can petition for nondisclosure. Some exceptions apply.

At Griffin, Cain & Herbig, Attorneys at Law, PLLC, we don’t assume that deferred adjudication is the best option for every client. We evaluate every angle of your case, testing procedures, traffic stops, witness statements, to determine whether a full dismissal or not guilty verdict is possible.

When deferred adjudication is the most strategic option, we work to:

• Negotiate favorable terms with prosecutors
• Advocate for limited supervision periods
• Avoid unnecessary restrictions or fines
• Prepare and file petitions for nondisclosure once eligible

We stand by your side from the moment of your arrest until your case, and your future, are resolved.