Harris County DWI
Pretrial Intervention
Who Qualifies, and Is It Right for You?
If you’ve been arrested for a first DWI in Harris County, you may hear about pretrial intervention, also called DWI diversion. It’s one of the few ways a DWI case can end in a dismissal without a trial. It’s also a year-long commitment with strict conditions, and it isn’t the right choice for everyone.
What It Is
Pretrial intervention is an agreement between you and the Harris County District Attorney’s Office. You complete a supervised program, usually about a year, while your case is on hold. If you complete it, the DA dismisses the charge. A dismissed DWI can then be eligible for expunction, which clears the arrest from your record.
Who Typically Qualifies
Eligibility is set by the DA’s office and can change, but it generally requires:
- A first-time, misdemeanor DWI
- A breath or blood result under 0.15
- No accident causing injury
- No prior DWI, and usually a limited or clean criminal history
- Approval through the DA’s assessment process
Felony DWI cases aren’t eligible, and you can only go through the program once.
What the Program Requires
Conditions typically look a lot like probation:
- An ignition interlock device
- A DWI education class
- Community service
- Regular meetings with a supervision officer and monthly fees
- No alcohol or drugs, with testing
- No new arrests
If you’re removed from the program, prosecution resumes where it left off.
When Fighting the Case Is the Better Choice
Pretrial intervention makes sense when the evidence is strong and the goal is to protect your record. But if there’s a real problem with the case, such as a bad stop, a weak field sobriety test, or a questionable blood draw, fighting it may lead to a dismissal or acquittal without a year of conditions. The only way to know is to review the video and the evidence first.
Don’t Forget Your License
Pretrial intervention is part of the criminal case. It doesn’t stop the separate license suspension. You still have 15 days after your arrest to request an ALR hearing.
Related Pages
Talk to a Houston DWI Lawyer
Henry K. Nguyen can review your case, tell you whether you’re likely to qualify, and help you decide between diversion and fighting the charge. Call (713) 222-1800 for a free consultation.