Divert/Pretrial Diversion

A driving while intoxicated conviction can uproot your entire life. The criminal consequences include thousands of dollars in fines and even time behind bars. This doesn’t even include collateral consequences to your job, education, family and future goals.

Thankfully, you might have other options. Texas offers divert or pre-trial diversion programs for struggling DWI offenders. The program serves as an alternative to jail time and upon completion you’ll be able to have your charges dismissed. After the appropriate amount of time has passed you can choose to expunge your charges completely. No employer or licensing agency will be able to pull up your DWI charges.

If you or someone you know has been charged with DWI, it’s crucial you contact an experienced criminal defense attorney.

Lawyer for DWI Diversion Program in Houston, Texas

Texas has some of the most stringent laws for DWI. A conviction doesn’t only result in jail or prison time, but can lead to community service, fines, DWI school and more. The cost of a DWI both socially and financially are enormous. This is why it’s imperative you contact an experienced criminal defense attorney.

Tyler Flood & Associates, Inc. is a group of skilled attorneys who have a strong focus in DWI law. We have successfully practiced in Texas criminal court for years. Our attorneys can collect evidence, file motions and do whatever is necessary to defend your rights. Call today at (713) 224-5529 for a free consultation.

Tyler Flood & Associates, Inc. accept clients throughout the greater Harris County area including Houston, Bellaire, River Oaks, Tomball and West University Place.

Overview of Texas DWI Diversion Program

What is a DWI Diversion Program in Texas?

In 2017, the National highway Safety and Administration Association (NHTSA) reported 16,794 people were involved in an alcohol-related accident. To fight this ongoing issue, Texas has implemented diversion or pre-trial diversion programs to rehabilitate DWI offenders. The diversion program is a type of probation and serves as an alternative to incarceration.

You’ll be required to pay for the program cost yourself and you must follow their guidelines. If you successfully complete the program, then you’ll be able to have your case dismissed. Violating the rules of the diversion program may result in you facing the full statutory penalties for your DWI.

To begin DWI court program you must:

  • Complete a substance abuse evaluation;
  • Refer to any substance abuse treatment, education, housing or mental services if it’s needed in your case;
  • Have the ability to pay for the treatment; and
  • Have paid the fees required to participate in the program

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Harris County DWI Diversion Program Requirements

Unfortunately, not everyone is eligible for DWI diversion programs in Texas. You must qualify to participate in a DWI diversion program. If you wish to participate in DWI diversion in Harris County, then you must meet the following requirements:

  • You live or work in Harris County, Texas;
  • You’re on community supervision for a misdemeanor DWI; and
  • You’ve agreed to a 2-year community supervision term.

You can also qualify for Harris County DWI court if you:

  • Are on community supervision for a subsequent DWI and are considered high risk by one of the following factors:
    • High BAC of .15 or more on your second DWI;
    • Have a history of substance abuse;
    • Shown use of alcohol or drugs while on probation; or
    • Have exhibited a high risk of re-offending


  • Had a misdemeanor DWI within two years of your first offense and:
    • You were 17-24 years old during the DWI; or
    • You weren’t considered to be high risk

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How Long is the DWI Diversion Program in Harris County, Texas?

DWI diversion or pre-trial diversion programs are typically completed in two years. You’ll be required to undergo intake and assessments to analyze your chemical dependency. This will include a required substance abuse or alcohol evaluation at the beginning of the program.

Listed below are the different phases of the DWI divert program in Harris County, Texas.

Phase I (minimum of 8 weeks long)

  • Minimum 12 hours of group substance abuse counseling per month;
  • One hour of individual substance counseling per month;
  • Show up to court twice monthly;
  • Participate in 12 step meetings and get a sponsor;
  • Install an ignition interlock device to your motor vehicle

Phase II (minimum of 12 weeks long)

  • Complete the DWI offender course;
  • Comply with random drug and alcohol screenings;
  • Show up to court twice monthly;
  • Participate in 12 step meetings;
  • Minimum of 5 hours of substance abuse group counseling per week;
  • If necessary, participate in non-substance abuse treatment

Phase III (minimum of 24 weeks long)

  • Comply with random drug and alcohol screenings;
  • Appear in court once a month;
  • Participate in 12 step meetings;
  • Minimum of 2 hours of substance abuse group counseling per week;
  • If necessary, participate in non-substance abuse treatment

Phase IV (minimum of 12 months long)

  • Attend aftercare and supportive services as assigned.

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Additional Resources

S.O.B.E.R. – Visit the official website of Harris County courts to learn more about their DWI diversion program S.O.B.E.R. (it stands for Saving Ourselves by Education and Recovery). Access the site to learn more about the program description, who runs the program and their eligibility requirements.

Ten Guiding Principles – Visit a document provided by Harris County courts to learn more about the Ten Guiding Principles to their DWI program. Access the document to learn how they approach first-time DWI offenders, multiple DWI offenders and underaged offenders.

Attorney for DWI Diversion Program in Harris County, Texas

If you or someone you know has been charged with DWI, it’s crucial you gain skilled legal representation. You could qualify for DWI diversion court and avoid jail or prison time. If you’re eligible, you could have your charges dismissed once the program is finished.

Contact Tyler Flood & Associates, Inc. today for a case evaluation. Our attorneys are skilled in DWI defense with years of experience. We have advocated DWI diversion programs for many our clients with success. Contact us today at (713) 224-5529 to speak to an experienced attorney.

The attorneys at Tyler Flood & Associates, Inc. represent people throughout the greater Houston area including Bellaire, Tomball, Pasadena and River Oaks.

This article was last updated on March 7th, 2019.


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Driving While Intoxicated (Blood Draw .16)
Client had bond forfeited while case was pending for not being able to attend trial when Judge ordered us to be there due to his teaching job at Texas A&M University. When he finally...read more
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Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.
briana Munoz
briana Munoz
December 5, 2023.
Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
October 19, 2023.
When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five stars because I can’t rate him any higher. I’ll thank him for the rest of my life.
October 12, 2023.
Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
Cesar Ricardez
Cesar Ricardez
October 3, 2023.
I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.
August 29, 2023.
Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!
Trey Perrett
Trey Perrett
August 14, 2023.
Words cannot express what a dominating lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment, I was overcome with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case. They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W. I strongly recommend having Tyler Flood in your corner because he delivers.
Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
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