Pre-Trial Diversion

Eligibility

Eligibility is based on Driver’s Risk Inventory (DRI) evaluation, facts of the case, and criminal history. Cases involving serious collisions, collisions with emergency responders, collision with residence, and other high-risk factors will NOT be eligible for the program.

DWI 2^nd, multiple pending  DWI cases, and cases with a BAC over .20 are not eligible for this program. All other DWI’s will be reviewed on a case-by-case basis. Cases before January 1, 2023 will not be considered.

Non-DWI cases where PTD is appropriate will be reviewed on a case-by-case basis.

About the Program

DWI PTD is an IN-PERSON program. Accepted cases will be supervised by the Honorable Judge Bianca Garcia in County Court at Law 3.  Participants and their Counsel agree to appear in person at all check-in dockets. At this setting, defense counsel is responsible for showing compliance with the program requirements.

Application Process:

1. Attorneys or participants must apply within six months of the arrest date. If labs are still pending, those will be considered when evidence is received and made discoverable.
2. Before admission, the applicants must complete a Drivers’ Risk Inventory (DRI) assessment though Travis County Counseling and Education Services (CES). The assessment will determine program eligibility. The assessment will be at the applicant’s own expense and must be paid for at the time of the assessment. The assessment cost is expected to cost $55.00 and is not refundable. If the applicant is not appropriate for DWI PTD the case will be resolved through trial court or a different diversion program.
3. Applications and DRI referral forms are available for download through the DWI PTD DIVERSION PORTAL https://tcaopretrialdiversion.traviscountytx.gov/DWI/
4. Attorneys should submit ALL applications through the DWI PTD DIVERSION PORTAL https://tcaopretrialdiversion.traviscountytx.gov/DWI/
5. There will no longer be a program fee or supervisory fee assessed. This is to remove the financial barrier to diversion.

Program Administrator

1. The participant will sign a contract, jury waiver and plea agreement, and motion to modify bond adding an alcohol monitoring device. Participants agree to waive the statute of limitations, and acknowledge the rights being waived. Participants agree to the following:
   1. That the program length with be 12 months
   2. To complete all CES recommendations during the length of the program
   3. Complete a MADD Victim Impact Panel
   4. Complete 25 hours of CSR
   5. Submit to alcohol monitoring
   6. A plea agreement that will result in a conviction if the defendant is unsuccessful
2. Participants agree to appear in person at all check-in dockets. At this setting, defense counsel is responsible for showing compliance with the program requirements, for example, bringing certificates of completion, securing proof of compliance with monitoring devices from pretrial, etc.
3. Upon successful completion, the County Attorney’s office will dismiss the case and agree to an early expunction.