Facing criminal charges can be an overwhelming and stressful experience, especially in a state like Texas, known for its tough stance on crime. However, in recent years, Texas has implemented innovative solutions to address non-violent offenses, such as the Pretrial Diversion Program. In this article, we’ll explore the details of this program, focusing on how long it lasts in Austin, and specifically its application in cases involving DWI (Driving While Intoxicated) charges.


Understanding Pretrial Diversion in Texas

Pretrial diversion programs offer certain offenders an alternative type of supervision, in place of traditional criminal prosecution, especially individuals facing nonviolent criminal charges. Texas, like many states, recognizes the potential benefits of these programs, which aim to reduce recidivism–the tendency of a criminal to reoffend after conviction–by providing offenders with an opportunity to rehabilitate and reintegrate into society.


How Long Does Pretrial Diversion Last in Austin, Texas?

The duration of a pretrial diversion program can vary depending on the specific case; they can last as little as six months, but are more commonly completed in Austin over the course of one to two years. The duration of the program can be influenced by several factors such as the specific nature of the offense, criminal history, etc.


Pretrial Diversion for DWI in Texas

When it comes to DWI cases, pretrial diversion in Texas has very specific guidelines. While it is possible for some DWI offenders to participate in a diversion program, eligibility is not guaranteed. Eligibility criteria for pretrial diversion programs often include factors such as:


  • No prior DWI convictions
  • Low blood alcohol content (BAC) at the time of arrest
  • Agreement to probation conditions, which may include regular alcohol and drug testing and completion of alcohol treatment and/or education programs
  • Installation of an ignition interlock device in vehicle
  • Avoiding further criminal activity


If you complete a pretrial diversion program in Texas for a first-offense DWI, you might be eligible to have your criminal record sealed or expunged of that charge. For more information, read

Exploring Second Chances: Can a DWI be Expunged in Texas?


The Impact of Pretrial Diversion in Texas

Successful completion of a pretrial diversion program can have a significant positive impact on an individual’s life. Pretrial diversion programs in Texas, including for eligible DWI offenders, offers a valuable opportunity for individuals to avoid the long-term consequences of a criminal conviction. If you or someone you know is facing criminal charges in Austin, Texas, it is crucial to consult with a caring and competent attorney who can provide guidance on whether pretrial diversion is a viable option in your case; reaching out to an experienced attorney is key when it comes to understanding your options. Consider board-certified criminal defense attorney Brian Erskine of Erskine Law. Mr. Erskine knows the law inside and out and will help you reach the best possible outcome in your case–he is the Law Maverick for the job. Contact Erskine Law today to schedule a free consultation to discuss your specific situation.