Travis County
Travis County DWI Pretrial Diversion
Travis County runs a DWI pretrial diversion program, and unlike most county programs in Texas it carries no program fee.
The fee is not what makes it worth asking about. What completion produces is.
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Austin DWI Defense Attorney
Ken Gibson
More than 6,000 DWI cases since 1998.
6,000+
DWI Cases Handled
Since 1998
Practicing DWI Defense
DWI Only
Defense Focus
Why the dismissal it produces is different
Most dismissals do not make a case expungeable. Article 55A.053(a)(2) lists the reasons that qualify, and an ordinary dismissal is not among them. Those cases generally wait out the limitations period instead.
Completion of a pretrial intervention program authorized by Government Code section 76.011 is on that list, at article 55A.053(a)(2)(C).
So the sequence is: complete the program, the case is dismissed, and that particular dismissal is eligible for expunction, which destroys the record rather than sealing it. That is the strongest available outcome in Texas DWI, and it is not available through deferred adjudication.
Details of the remedy itself are on my clearing a DWI page.
The obstructing-highway reduction guide explains why a negotiated reduction differs from this program-based dismissal and why neither outcome can be promised.
Applying, and why timing matters
Applications go through the county, and the window is limited rather than open ended. This is not something to raise after several settings have passed.
Eligibility is decided case by case. I can usually tell you on a first call whether it is realistic given the charge level, the record and the facts, and that conversation is worth having before any other decision about how a case should resolve.
It is also worth weighing honestly. Entering a program means accepting a structure rather than testing whether the State can prove its case. Where the evidence has a genuine problem in it, that is a real trade rather than an obvious choice.
The process has distinct stages. The county first screens the application and supporting case information under its published criteria. Acceptance ordinarily leads to a written participation agreement, assigned conditions, and a period of documented compliance. Applying or being accepted does not dismiss the charge, and failure to complete or termination from the program can return the case to the ordinary prosecution track.
The acceptance agreement, proof of each completed condition, the formal completion or termination notice, and the final court order are different documents and should be kept together. They show what conditions were assigned, whether any condition was modified or disputed, how participation ended, and what disposition the court actually entered.
Where it applies
This program is a Travis County program. It covers Austin, Pflugerville, Manor, Del Valle, Lakeway and Bee Cave.
Williamson and Hays run their own arrangements, which are not the same.
Related pages
Diversion questions
What does the program cost?
Travis County's DWI diversion program carries no program fee, which is unusual among Texas county programs.
What happens if I complete it?
The case is dismissed, and because the dismissal follows a section 76.011 program it is eligible for expunction under article 55A.053(a)(2)(C).
Is that better than deferred adjudication?
Generally yes. Deferred leaves a record that can be sealed after two years and counts as a prior forever. An expunction eligible dismissal destroys the record.
How long do I have to apply?
The window is limited, so it is a question to raise early rather than after several settings have gone by.
