Texas Community Supervision
Texas DWI Community Supervision and Probation Rules
Texas law calls probation community supervision. Straight community supervision follows a conviction. Deferred adjudication community supervision does not enter a finding of guilt, but it remains available only in defined first-offense DWI and BWI cases and can still count as a prior for a later DWI enhancement.
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Straight and deferred community supervision are different
Straight community supervision
The court enters a conviction and imposes a sentence, then suspends the sentence while the person completes community supervision. Calling this probation does not change the fact that it is a conviction.
Deferred adjudication community supervision
The judge finds that the evidence substantiates guilt but defers an adjudication and does not enter a finding of guilt. Successful completion avoids a conviction in that case, but Penal Code section 49.09(g) treats a DWI or BWI deferred disposition as a conviction for a future DWI enhancement.
When deferred adjudication is available
Code of Criminal Procedure article 42A.102 permits deferred adjudication for a first DWI or BWI only when none of the statutory exclusions applies. It is unavailable if the person held a commercial driver's license or commercial learner's permit, or the alcohol concentration was 0.15 or more at the time of the offense. That time-of-offense standard is distinct from the 0.15-at-analysis language used to classify the section 49.04(d) offense.
Deferred adjudication is also unavailable for DWI with a child passenger, flying while intoxicated, BWI with a child passenger, amusement-ride intoxication, intoxication assault, intoxication manslaughter, or an offense enhanced under section 49.09. Eligibility does not require the judge to grant it, and the separate ALR license case is not erased by a deferred disposition.
Conditions Texas law may require
Chapter 42A contains DWI-specific conditions in addition to the conditions a court sets for the individual case.
Confinement conditions
Straight supervision for a second DWI ordinarily requires at least 72 hours in county jail, or five days when the second offense occurred within five years. A third DWI requires at least 10 days. Intoxication assault requires at least 30 days, and ordinary intoxication manslaughter supervision requires at least 120 days.
Evaluation and education
Article 42A.402 provides for an evaluation, and articles 42A.403 and 42A.404 address DWI education and the repeat-offender intervention program. The TDLR-regulated program that applies, the completion period, and any statutory exception depend on the disposition and court order.
Ignition interlock
Interlock is mandatory for community supervision involving an alcohol concentration of 0.15 or more, a repeat offender, or a person under 21. DWI or BWI deferred adjudication also requires interlock unless the judge waives it after the required evaluation. When required under article 42A.408, the period is at least half of the supervision term.
Testing, reporting, and local conditions
A court may impose alcohol or drug testing, reporting, treatment, travel, vehicle, or offense-specific conditions. County departments administer supervision, so reporting methods and program providers can vary even when the statutory condition is statewide.
How long community supervision can last
Misdemeanor community supervision is generally capped at two years under article 42A.053(f). Deferred adjudication for a misdemeanor is also generally capped at two years. After a violation, chapter 42A may allow an extension to three years, with a possible additional extension for unpaid fines, costs, or restitution under the governing conditions.
Felony DWI community supervision can extend to 10 years under article 42A.053(d). The sentence range and the community-supervision term are not the same measurement. The judgment, conditions, and later modification orders should be read together to determine the actual term.
What happens when a violation is alleged
Stage 1: A violation is reported
The allegation may involve a missed report, positive test, interlock event, new arrest, unpaid obligation, program issue, or another condition. A report is an allegation, not a final finding.
Stage 2: The State chooses the correct motion
In a straight community-supervision case, the State may file a motion to revoke. In a deferred case, the correct procedure is a motion to proceed with adjudication, often called a motion to adjudicate. Deferred adjudication is not revoked.
Stage 3: The court decides proof and response
The court hears the alleged violation and any contested evidence. Depending on the disposition and ruling, the court may continue, modify, or extend supervision, revoke straight supervision, or adjudicate a deferred case and impose a sentence allowed by law.
Completion does not mean the same thing in every disposition
Completing straight community supervision leaves the conviction in place. Completing deferred adjudication results in discharge without a conviction in that case, but the disposition remains usable as a prior under section 49.09(g). An eligible DWI or BWI deferred disposition may support an order of nondisclosure after the statutory waiting period, subject to the clean-record, collision, and other restrictions.
The deferred-adjudication page and nondisclosure page address those record consequences. No form of community supervision automatically removes the arrest record, court file, or DPS record.
DWI community-supervision questions
Is straight probation a conviction in Texas?
Yes. Straight community supervision follows a conviction. The sentence is suspended while the person completes the ordered conditions.
Does deferred adjudication keep a later DWI from being enhanced?
No. Section 49.09(g) treats qualifying DWI and BWI deferred adjudications as convictions for later DWI enhancement.
Is interlock required in every DWI supervision case?
No. It is mandatory in the categories identified by article 42A.408 and may be ordered in other cases. A first DWI or BWI deferred adjudication requires it unless the judge grants the statutory evaluation-based waiver.