Does Deferred Adjudication for DWI Count as a Prior Offense in Texas?

Does Deferred Adjudication for DWI Count as a Prior Offense in Texas?

One of the most common — and most dangerous — misunderstandings in Texas DWI law is the belief that deferred adjudication “doesn’t count” if you successfully complete it.

For Driving While Intoxicated, that belief is wrong.

Under Texas law, a DWI resolved by deferred adjudication does count as a prior DWI for charging and enhancement purposes in most situations. This issue often surfaces when someone with a prior deferred DWI is arrested again and suddenly faces far more serious charges than expected.

Short Answer: Yes, Deferred DWI Counts as a Prior

Texas Penal Code § 49.09 expressly allows the State to treat a prior DWI deferred adjudication as a conviction for enhancement purposes.

That means:

  • A prior DWI resolved by deferred adjudication can be used to

  • Enhance a later DWI charge, including elevating it from a misdemeanor to a felony, if statutory requirements are met.

Even if the prior deferred adjudication was successfully completed, it may still be used against you.

For an overview of how DWI cases are charged and defended in Texas, see:
👉 Texas DWI / DUI Defense
https://www.johnhickmanlaw.com/dwi-dui-defense-texas

Why DWI Deferred Adjudication Is Different

In many areas of Texas criminal law, deferred adjudication truly functions as a second chance. DWI is different.

The Texas Legislature specifically carved out intoxication offenses and amended the law so that prior deferred adjudications for DWI and related offenses can be used as prior convictions for enhancement purposes.

Texas courts have repeatedly upheld this framework, recognizing that:

  • The Legislature intended repeat intoxication offenses to be punished more severely

  • Deferred adjudication does not erase the prior DWI for enhancement analysis

This distinction catches many people off guard — especially those who were originally told their case would “go away” if probation was completed.

How This Affects Later DWI Charges

If you have a prior DWI deferred adjudication on your record, a new arrest may expose you to:

  • Class A misdemeanor DWI instead of Class B

  • Felony DWI charges if statutory thresholds are met

  • Mandatory jail ranges that do not apply to true first offenses

In other words, what feels like a “first real conviction” may legally be treated as a repeat offense.

This is often the moment when defendants first learn how unforgiving Texas DWI enhancement law can be.

Deferred Adjudication, Probation, and Revocation Issues

Deferred adjudication is still a form of community supervision, and violations can carry serious consequences.

Additionally, when a new DWI arrest occurs while someone is still on supervision — or when old supervision terms are scrutinized — the case can quickly expand beyond the new charge.

For issues involving probation conditions, violations, or motions to revoke, see:
👉 Texas Probation Violations & Motions to Revoke (MTR)
https://www.johnhickmanlaw.com/probation-violations-mtr-texas

Are There Any Exceptions?

There can be constitutional or timing issues, such as:

  • Ex post facto concerns

  • Improper use of a prior that predates statutory amendments

  • Defects in how the prior was pled or proven

These are fact-specific, technical issues that require close review of the charging instruments and judgment records. They are not automatic defenses, but in the right case, they can matter.

Why This Issue Matters So Much

This question usually arises at a critical moment:

  • A second arrest

  • A prosecutor threatening a felony

  • A plea offer that suddenly includes mandatory jail or prison exposure

At that stage, misunderstandings about deferred adjudication can lead to bad decisions made too late.

Texas DWI law is harsh by design. Enhancement statutes do not reward assumptions — they reward precision.

Bottom Line

Yes — in Texas, a DWI resolved by deferred adjudication can count as a prior DWI for charging and enhancement purposes.

If you are facing a new DWI and have any prior deferred adjudication for intoxication offenses, the stakes are likely higher than they appear at first glance.

Understanding how Texas law actually treats those priors is the first step toward making informed decisions.