Texas reinstated DWI deferred adjudication in 2019 for first-offense Class B and Class A misdemeanor DWI defendants. Eligibility requires no prior DWI convictions, no aggravating factors (open-container, child passenger), mandatory ignition interlock, and other specified conditions. Successful completion supports non-disclosure under Texas Government Code § 411.0727.
The 2019 legislative change
Texas Senate Bill 2048 (86th Legislature, 2019) amended Code of Criminal Procedure article 42A.102 to permit deferred adjudication for first-offense Class B and Class A misdemeanor DWI. The change took effect September 1, 2019, with retroactive effect for some pre-2019 offenses.
Texas Senate Bill 2048 of the 86th Legislature reversed two decades of legislative policy by reintroducing DWI deferred adjudication for first-offense misdemeanor cases. Effective September 1, 2019, the amendment modified Code of Criminal Procedure article 42A.102 to allow deferred adjudication for: (a) Class B misdemeanor DWI (first offense, BAC below 0.15); (b) Class A misdemeanor DWI (first offense, BAC 0.15 or higher).
The change did not extend to: felony DWI offenses (third or subsequent DWI; DWI with child passenger; intoxication assault; intoxication manslaughter); DWI with aggravating factors statutorily defined; subsequent DWI offenses regardless of how recent the first was.
The 2019 change reflected legislative recognition that the previous categorical bar on DWI deferred adjudication produced harsh outcomes for first-time offenders — particularly given the immigration consequences of DWI convictions, the employment-background-check consequences, and the disproportionate impact on first-time offenders who had committed a single mistake.
Eligibility requirements
DWI deferred adjudication requires the defendant to have no prior DWI convictions, no specific aggravating factors, agreement to mandatory ignition interlock for the duration of supervision, and other statutory conditions. The 2019 amendments are restrictive in scope.
Eligibility for DWI deferred adjudication under the 2019 amendments requires: (1) no prior DWI convictions (defendant must be a true first-offender); (2) the current offense must be a Class B or Class A misdemeanor DWI (not felony); (3) the defendant must not have been operating a commercial motor vehicle at the time of the offense (CDL DWI is excluded); (4) the defendant must agree to mandatory ignition-interlock installation for the entire deferred adjudication period; (5) the defendant must comply with all other conditions imposed by the court.
Disqualifying factors: prior DWI convictions; prior intoxication-related offenses (boating while intoxicated, flying while intoxicated, intoxication assault, intoxication manslaughter); current charge of felony DWI; current charge with aggravating factors that elevate to Class A (which may still be eligible if Class A first-offense); operating commercial vehicle.
Ignition interlock is the most distinctive condition. Texas Code of Criminal Procedure article 42A.408 already required interlock for DWI probation generally; the 2019 amendments make interlock specifically mandatory for DWI deferred. The defendant must install an approved interlock device on any vehicle they own or operate; the device must remain in place throughout deferred (typically 1-2 years).
Conditions during deferred
A defendant on DWI deferred adjudication is subject to standard probation conditions plus DWI-specific conditions: ignition interlock, DWI education program, victim-impact panel, drug-and-alcohol testing, and any treatment program the court requires.
Standard conditions imposed in DWI deferred cases include: (1) commit no new offense; (2) report to supervision officer as directed; (3) submit to alcohol and drug testing; (4) avoid alcohol consumption (a common DWI-specific condition); (5) attend DWI education program — typically Texas DWI Education Program or DWI Intervention Program; (6) attend victim-impact panel; (7) maintain ignition-interlock device on all vehicles owned or operated; (8) pay fines, fees, court costs, restitution.
Specific DWI-conditions: (a) installation and maintenance of ignition-interlock device for the duration of deferred (typically 1-2 years; cannot be terminated early in most cases); (b) prohibition on operating any vehicle without ignition interlock; (c) periodic interlock data downloads to the supervising officer; (d) any reading of 0.025 or higher (or refusal to provide breath sample) on the interlock can support a motion to adjudicate; (e) substance-abuse treatment if assessment shows need; (f) restrictions on driving outside specific routes during the deferred period.
Failure to comply with interlock requirements is a common path to motion to adjudicate. Defendants must treat the interlock as a daily compliance requirement — every start of every vehicle.
Non-disclosure under § 411.0727
Successful completion of DWI deferred adjudication supports petition-based non-disclosure under Texas Government Code § 411.0727. Specific eligibility rules apply; the waiting period is typically 2 years for first-offense DWI deferred.
Texas Government Code § 411.0727 was created by the 2019 amendments specifically to provide non-disclosure for successful DWI deferred adjudication cases. To qualify for non-disclosure under § 411.0727, the defendant must: (1) have successfully completed deferred adjudication for the DWI; (2) wait the required period after discharge (typically 2 years for first-offense DWI deferred); (3) have no subsequent DWI or intoxication-related offenses during the waiting period; (4) have no disqualifying convictions during the waiting period.
The non-disclosure petition is filed in the original supervising court. The petition must: identify the original DWI case, attest to successful completion of deferred and the discharge order, attest to compliance with the waiting period, attest to no subsequent disqualifying offenses. The court has discretion to grant or deny based on the public interest.
When granted, the non-disclosure order seals the DWI case from most public access. The arrest, prosecution, and dismissal remain accessible to government law-enforcement entities and to a defined list of agencies (Health Professions Council, school districts, child-care licensing, etc.), but become invisible on routine public background checks. The defendant can typically state on most job applications that they have not been convicted of a DWI (with limited exceptions for specific licensure questions).
This non-disclosure pathway was the practical motivation for the 2019 reintroduction of DWI deferred. The combination of deferred dismissal + non-disclosure produces nearly the same employment-background-check benefit as outright dismissal of charges.
Related topics
This page is part of the Texas Probation and Deferred Adjudication compendium. Continue with related topics:
Texas community-supervision question?
Whether you are pre-plea evaluating options, navigating supervision, or facing a motion to revoke or adjudicate — early counsel can substantially improve outcomes.
FAQ
How does this topic interact with the rest of Texas community supervision?
This page covers one piece of the Texas community-supervision framework under Code of Criminal Procedure Chapter 42A. The pillar guide at /texas-probation-deferred-adjudication/ covers the full framework; this satellite focuses on one aspect in depth. Defense counsel evaluates each case across all relevant provisions.
Does this topic apply in Collin, Denton, Dallas, and Tarrant counties?
Yes. Texas Code of Criminal Procedure Chapter 42A applies statewide. Local court practices, prosecutor policies, and supervising-officer discretion vary by county; the substantive framework is the same. L and L Law Group practices community-supervision matters in the four North Texas counties plus surrounding jurisdictions.
Should I retain counsel for this issue?
Texas community-supervision questions — pre-plea evaluation, condition modification, motion-to-revoke or motion-to-adjudicate defense, early termination, transfer, ODL, non-disclosure — typically benefit substantially from counsel. Each decision has cascade effects that can be hard to assess without experience in the specific procedural context.
Last reviewed: May 17, 2026 by Njeri London