Home : DWI Divert Program
If you are a first time DWI offender with no prior criminal record you may be eligible for the Divert Program
The Divert Program is a contract between you and the District Attorney’s Office. It removes the criminal case from the court system pending the satisfactory completion of the contract. When completed there will be no conviction and after a period of two years the arrest and court records can be expunged.
The contract typically requires the following:
Breath interlock device with camera
SR22 Insurance
Community service
DWI education class (9 hours)
Alcohol/Drug evaluation with outpatient treatment if needed
Drug testing/ Urinalysis
Limited travel within the county/state
Supervision fee
Identification card
Permit to travel if leaving the state
1. Be a US citizen or legal resident alien.
2. Be a Texas resident.
3. TDL valid at the time of the DWI.
4. Never before been arrested/charged/convicted of any criminal offense, including juvenile offenses, or cases that were originally filed as Class A or B Misdemeanors, and reduced to Class C.
5. No open felony cases.
6. Defendants with a CDL that are interested in DIVERT must surrender the endorsement. If they subsequently qualify for DIVERT following a DIVERT interview and assessment testing, they must provide an affidavit indicating they will not reapply for a CDL until 2 years after completion of their DIVERT term.
7. Defendants with high travel demands need to be pre-approved.
8. Must remain alcohol and drug free while out on bond.
9. Submit to a DIVERT interview and testing conducted by the Harris County Community Supervisions and Corrections Department to evaluate alcohol/drug dependency as well as other pertinent matters that may affect eligibility.
You will additionally sign a plea agreement that if you fail to perform the Divert Program you will accept a 30 day jail sentence.
2425 West Loop South, Suite 200; Houston, TX 77027
Phone: (713) 623-4828 E-Mail Fax: (713) 297-8864