San Antonio DWI Lawyer’s Guide to Texas DWI Deferred Adjudication
Facing a DWI charge in San Antonio can feel overwhelming, but Texas law offers a path forward for many first-time offenders. In 2019, Texas introduced deferred adjudication for DWI cases, giving eligible drivers the chance to complete probation and walk away without a criminal conviction on their record. Understanding how this law works — and whether you qualify — can make all the difference in your case. As a San Antonio DWI lawyer with over 20 years of experience in Bexar County courts, Genaro R. Cortez has helped countless clients navigate the deferred adjudication process and protect their futures.
But how does this law work? What are the pros and cons of this type of probation? And what should you know before you accept a deferred plea offer? This post answers these questions and provides a roadmap of what to expect if you have a DWI case pending in San Antonio, Texas.
Can you get Deferred Adjudication for a DWI in San Antonio?
Yes. In 2019, Texas updated its DWI laws. It allows many DWI offenders to receive deferred adjudication. This is a major change in Texas DWI law that lets eligible drivers avoid a permanent criminal conviction.
Texas DWI deferred adjudication is probation without a conviction. It allows the driver to accept responsibility while avoiding a criminal conviction. If you complete probation, then the court dismisses your charge. A San Antonio DWI attorney can help you determine whether this option is available in your case.
How does Texas DWI Deferred Adjudication work?
DWI deferred adjudication in Bexar County works the same way it does across Texas, but your experience will depend on the local courts, prosecutors, and judges handling your case. Here is what you need to know.
Only a judge can grant this type of probation, and you can only receive it if you waive a jury trial and plead out. That means if you take your case to trial and lose, you are no longer eligible for DWI deferred adjudication. An experienced Bexar County DWI lawyer can help you weigh the risks before making this decision.
Once the judge grants you deferred adjudication, you must complete probation. This means you will have to:
- Report to a probation officer;
- Pay a fine;
- Perform community-service hours;
- Attend DWI education courses; and
- Take and pass random drug and alcohol tests while on probation.
Once you complete all of these requirements, the court will dismiss your case. From there, you may be able to seal your record. We cover that process in detail below.
Who qualifies for DWI Deferred Adjudication in Texas?
Not everyone charged with a DWI in San Antonio will qualify for deferred adjudication. Texas law limits eligibility to certain first-time offenders. Here are the main requirements:
- Low BAC: Your BAC test must fall between .08 and .14. If your BAC is .15 or more, you do not qualify.
- No CDL: If you hold a CDL or a CDL permit, you are not eligible.
- No child passenger: If a child was in the car at the time of the arrest, you do not qualify.
- No injuries or fatalities: If someone was hurt or killed, you are not eligible.
- No prior criminal history: First-time DWI offenders with clean records have the best chance of qualifying.
However, some Bexar County prosecutors will work with first-time DWI drivers to avoid a trial. They may agree to waive the high BAC test to help you become eligible for a deferred sentence. That decision rests with the District Attorney’s Office. A skilled San Antonio DWI lawyer can negotiate with prosecutors on your behalf and pursue the best possible outcome.
Can I Seal My DWI Record After Deferred Adjudication in San Antonio?
Yes — but you must take additional steps to seal your record. Completing deferred adjudication alone does not automatically seal your DWI from background checks. You must file a separate petition for non-disclosure with the court.
If the judge grants your petition, the order helps prevent your DWI record from appearing on most background checks. However, there are limits. For example, if you apply to become a lawyer, doctor, CPA, or school teacher, the DWI will still show up. Your information may also appear in an FBI background check, because a state judge cannot order a federal agency to seal its records.
How do I seal my criminal records after I complete DWI Deferred Adjudication in Bexar County, Texas?
How to Get your DWI deferred adjudication record sealed in San Antonio
1. Complete your DWI Probation
Successfully complete misdemeanor DWI deferred adjudication probation.
2. The Judge Dismisses Your Case
After you complete probation, the judge will dismiss your case under Article 42A.111 of the Texas Code of Criminal Procedure.
3. Confirm You Have a Clean Record
Tex. Gov’t Code Sec. 411.0726(b)(3) states the driver must “have never been previously convicted or placed on deferred adjudication community supervision for another offense, other than a traffic offense that is punishable by fine only.” You cannot have been on probation for any other case aside from traffic tickets.
4. Wait Two Years
Tex. Gov’t Code 411.0726(f) includes a two-year waiting period for DWI cases. You must wait two years from the date you completed probation before you can ask the judge to seal your records.
5. Stay Out of Trouble
You must keep your record clean during the entire waiting period.
6. File a Petition for Nondisclosure
File a petition for nondisclosure with the court that placed you on probation.
7. Pay the Filing Fee
When you file your petition, you must also pay a filing fee. In Bexar County, Texas, the filing fee is $350.00 as of 2025.
8. Hire a San Antonio DWI Lawyer
You can represent yourself, or you can hire a DWI attorney to help you with the paperwork. Working with a San Antonio DWI lawyer can help ensure you complete the process correctly and avoid unnecessary delays.
Supply:
- Court order dismissing your Texas DWI deferred adjudication probation.
Tools:
- None.
Materials: (Optional) San Antonio DWI Attorney.
What If I Crashed My Car During the DWI? Can I Still Seal My Record?
Maybe. It depends on the facts of your case. Texas law does not allow a judge to seal your records if:
- The DWI crash involved “another person” other than you, the driver.
- The other person may be a pedestrian, a driver in another car, or a passenger in your vehicle.
If the crash did not involve another person, you can still seal your record. If it did, you cannot. A Bexar County DWI attorney can review your case and advise you on your eligibility.
Texas DWI Deferred Adjudication: Quick Reference Guide
| Topic | Legal Requirement / Statute | What It Means for You |
| Eligibility | Art. 42A.102(b)(1)(B) | Available only for 1st-time DWI offenses with a BAC below 0.15. |
| Exclusions | Art. 42A.102 | Ineligible if you hold a CDL, had a child passenger, or caused injury/death. |
| Mandatory Interlock | Art. 42A.408(e-1) | The judge must order an Ignition Interlock Device (IID) as a condition of probation. |
| The “Reward” | Art. 42A.111(a) | Successful completion leads to a formal dismissal of the charge. |
| The “Catch” | Art. 42A.111(d)(1) | The dismissal can still be used to enhance a future DWI to a 2nd or 3rd offense. |
| Sealing the Record | Gov’t Code § 411.0726 | You can petition for Non-Disclosure after a 2-year waiting period from discharge. |
Pros and Cons of DWI Deferred Adjudication in San Antonio
Pros
- No criminal conviction on your record. If you complete probation, the court dismisses your case. This is the biggest advantage over a standard guilty plea.
- You may be able to seal your record. After a two-year waiting period, you can file a petition for nondisclosure in Bexar County to keep the DWI off most background checks.
- Avoid jail time. Deferred adjudication keeps you out of jail as long as you follow your probation terms.
- Preserve your career and reputation. Without a conviction on your record, you protect your employment opportunities, professional licenses, and personal reputation.
- Prosecutors may negotiate eligibility. Even if your BAC is slightly above .15, some Bexar County prosecutors will work with your San Antonio DWI lawyer to help you qualify.
Cons
- You must waive your right to a jury trial. You give up the chance to fight your case in front of a jury. If you believe you have a strong defense, this is a significant trade-off.
- Probation comes with strict requirements. You must report to a probation officer, pay fines, complete community service, attend DWI classes, and pass random drug and alcohol tests.
- A violation can result in a conviction. If you violate any term of your probation, the judge can revoke your deferred adjudication and enter a conviction — potentially with a harsher sentence.
- Sealing your record is not automatic. You must file a separate petition, pay a $350 filing fee in Bexar County, and wait two years after completing probation.
- Some background checks will still show the DWI. Professional licensing boards and federal agencies like the FBI can still access your record even after it is sealed.
- Not everyone qualifies. If your BAC was .15 or higher, you hold a CDL, a child was in the car, or someone was injured, you are not eligible.
- Immigration Issues. If you are not a U.S.Citizen, then a DWI deferred adjudication plea may affect your right to remain in the country. Always speak with an immigration attorney before you take any type of criminal plea deal.
- Not Guilty. If you believe you are not guilty of DWI, then deferred adjudication is not your best option. Instead, you should speak to your attorney about a jury trial.
San Antonio DWI and DUI Defense Law Firm.
Facing a DWI charge in Bexar County is overwhelming. Whether you are seeking Texas DWI deferred adjudication or need a dedicated San Antonio DWI lawyer to fight for a dismissal at trial, the Law Office of Genaro R. Cortez, PLLC is here to help. With over 20 years of experience in the San Antonio legal community, we understand how to fight BAC and Standard Field Sobriety Tests to protect your future.
Can I get deferred adjudication for a DWI in San Antonio?
Yes. Since September 1, 2019, Texas law allows judges to grant deferred adjudication for first-time DWI offenses. However, this is not automatic. To be eligible in Bexar County, your BAC must be below 0.15, you must not have a CDL, and the incident cannot have involved an accident with an injury.
How long does misdemeanor DWI deferred adjudication probation last in Bexar County?
Probation terms vary, but most DWI deferred adjudication cases in Bexar County last between 6 and 24 months. Your San Antonio DWI lawyer can negotiate the length of your probation as part of your plea agreement.
Will a Texas DWI deferred adjudication show up on a background check?
If you complete probation and successfully seal your records through a petition for nondisclosure, the DWI should not appear on most standard background checks. However, certain professional licensing boards and federal agencies can still access the record.
Will my driver’s license be suspended if I take deferred adjudication?
Taking deferred adjudication generally helps you avoid the conviction-based license suspension. However, you likely still face an Administrative License Revocation (ALR) suspension from the time of your arrest. A San Antonio DWI lawyer can help you request an ALR hearing within 15 days of your arrest to fight this separate suspension.
Is a Texas DWI deferred adjudication the same as an outright dismissal?
No. They are two different things. A dismissal means the prosecutor dropped your charge and you never went on probation. A deferred adjudication means you go on probation and then the court drops your case. With an outright dismissal, you can get your record expunged. With a deferred adjudication probation, you can get your record sealed.
How long do I have to wait to seal my DWI record in Bexar County?
There is a two-year waiting period for DWI deferred adjudication cases. During those two years, you must stay “clean” and not be convicted of any other offenses (other than fine-only traffic tickets) to remain eligible for a Non-Disclosure Order.
Do I have to have an Ignition Interlock Device (IID) on a DWI deferred adjudication case in San Antonio?
Yes. Under Texas Code of Criminal Procedure Art. 42A.408, the judge is required to order the installation of an ignition interlock device as a condition of your deferred adjudication, even for a first offense.