The Harris County DIVERT Program: Everything You Need to Know in 2026

If you’ve been charged with a first-offense DWI in Harris County, you’ve probably heard the name DIVERT. Your court-appointed attorney mentioned it. Someone in the courthouse lobby talked about it. Maybe you Googled it at 2 AM after you got home from jail. DIVERT is real, it works for the right people, and it can mean the difference between a DWI conviction that follows you for life and a case that gets dismissed and eventually expunged.

But DIVERT isn’t magic, it isn’t automatic, and it isn’t right for everyone. What it is, is one of the most significant diversion programs in Texas for first-time DWI defendants — and understanding exactly how it works is essential before you decide whether to pursue it.

Herman Martinez knows the DIVERT program from the inside. He spent years as a Harris County chief prosecutor working within the same system that runs DIVERT. Now he helps clients understand whether they qualify, whether it’s the right choice, and how to succeed if they participate. Here is everything you need to know about DIVERT in 2026.

What DIVERT Is — and What It Isn’t

DIVERT (Driving While Intoxicated Intervention, Supervision, and Treatment) is a 12-month pre-trial diversion program administered by the Harris County Community Supervision and Corrections Department. It is available to first-time DWI defendants in Harris County who meet the eligibility requirements.

DIVERT is not a conviction. You do not plead guilty to enter DIVERT. You enter into a deferred prosecution agreement — the criminal case is set aside while you complete the program. If you complete all requirements successfully, the case is dismissed. If you later meet the waiting period requirements, you can petition for expunction and have the arrest removed from your record entirely.

DIVERT is also not automatic or guaranteed. You must apply, you must be approved, and you must meet all eligibility requirements. Not every first-time DWI defendant qualifies, and even among those who do, DIVERT isn’t always the best strategic choice.

DIVERT Eligibility: The Full Checklist

To be eligible for DIVERT in 2026, a defendant must meet all of the following criteria. If you fail to meet any one of these, you are not eligible for the program:

• First-time DWI charge: No prior DWI convictions in Texas or any other jurisdiction. This includes DWI as well as related offenses like Boating While Intoxicated (BWI) and Flying While Intoxicated (FWI).
• No prior criminal convictions: Generally, a defendant must have no prior criminal convictions (there is some discretion here for very old or minor offenses, but significant prior criminal history is disqualifying).
• Harris County case: The DWI charge must be in Harris County. DIVERT is a Harris County program.
• Class B or Class A misdemeanor DWI only: Felony DWI charges are not eligible for DIVERT. A DWI with a child passenger, for example, is a State Jail Felony and is ineligible.
• No accident with injury or death: If the DWI arrest involved a crash that caused injury to another person or fatality, DIVERT is not available.
• No commercial driver’s license (CDL) at the time of arrest: CDL holders are generally ineligible for DIVERT.
• Not a law enforcement officer arrested while on duty: Officers arrested for DWI while on duty are typically excluded.
• Agreement to participate: You must agree to all program conditions, including the ignition interlock requirement, supervision conditions, and 12-month commitment.

The Harris County District Attorney’s office retains some discretion in approving DIVERT applications. Cases with particularly high BAC readings, egregious driving conduct, or other concerning circumstances may be declined even if the defendant technically meets the criteria.

What Happens During DIVERT: Month by Month

DIVERT is a 12-month supervised program. Here is what you’re actually committing to when you enter it:

Month 1: Getting Started

During the first month, you’ll complete intake with the Harris County supervision department. This includes a drug and alcohol assessment, baseline meeting with your supervision officer, and installation of the ignition interlock device on your vehicle (required for all DIVERT participants regardless of BAC). You’ll also enroll in any required counseling or education programs identified during your assessment.

Months 2-11: Ongoing Supervision

During the supervision period, you’ll be required to: report regularly to your supervision officer (frequency varies by individual assessment); comply with all conditions of your supervision agreement, including no new criminal charges; continue any counseling or substance abuse education as required; maintain your ignition interlock device in working order; and pay supervision fees and any other required costs.

Your supervision officer monitors your ignition interlock logs. Every attempt to start the vehicle, every failed test, and every lockout is recorded and reported. Breathe into your car to start it every time you drive — no exceptions, no shortcuts.

Month 12: Completion

In your final month, you’ll have a completion review with your supervision officer. If all requirements have been met — 12 months of clean supervision, no violations, all fees paid, all counseling completed — your supervision officer generates a completion report that goes to the DA’s office. The DA’s office then dismisses the DWI charge.

That dismissal is the outcome you worked 12 months for. It is genuinely significant. You did not plead guilty. You were not convicted. Your charge is dismissed.

The Ignition Interlock Device: What You Need to Know

Every DIVERT participant must have an ignition interlock device (IID) installed on their vehicle. The IID is a breathalyzer wired to your vehicle’s ignition system that requires a clean breath sample before the car will start. It also requires periodic rolling retests while the vehicle is in operation — to prevent someone from passing the initial test and then consuming alcohol while driving.

Cost. Installation typically runs $70-$150. Monthly monitoring and calibration fees generally range from $60-$100 per month. Over 12 months, expect to spend approximately $800-$1,200 total on the interlock. These costs are your responsibility.

Provider selection. Texas has a list of approved ignition interlock providers. You must use an approved provider. The court or supervision officer can provide the current list.

What triggers a violation. A failed test (BAC above the device threshold, typically .02 or lower) is a violation that gets flagged to your supervision officer. A missed rolling retest is a violation. Attempting to circumvent the device is a violation. Even some food items, mouthwash, and medications can trigger false positives — use alcohol-free mouthwash, rinse your mouth with water before tests, and be aware of what you’re consuming.

Lockout events. If you fail a test, the device locks the ignition for a period of time. Multiple failures in a short period can result in a hard lockout requiring a service visit to reset. If this happens, contact your attorney and your supervision officer immediately.

What Happens If You Fail a Test or Violate DIVERT

This is where the stakes become very real. If you violate the conditions of DIVERT — a failed interlock test, a new criminal charge, a missed supervision appointment, failure to complete counseling — the consequences can include:

• A warning and remedial requirements (for minor violations)
• Extension of the supervision period
• Termination from the DIVERT program

Termination from DIVERT means the deferred prosecution agreement is revoked and the DWI case is reinstated. You will now be prosecuted on the original charge, and the DA’s office will know you failed DIVERT — which is not a favorable starting point for plea negotiations. If you get a new criminal charge while on DIVERT, termination is virtually certain, and you’ll be facing two criminal cases simultaneously.

The program is designed for people who are genuinely committed to completing it. If there’s any doubt about your ability to comply for 12 months, that needs to factor into whether DIVERT is the right choice.

DIVERT vs. Deferred Adjudication vs. Trial: Which Is Right for You?

This is the strategic question that determines the entire direction of your case. Herman evaluates every first-time DWI case with all three options in mind. Here is the framework:

One critical point: deferred adjudication probation is not generally available for standard DWI charges in Texas. This is a common misconception. Texas Code of Criminal Procedure Art. 42A.102 explicitly excludes DWI from deferred adjudication. DIVERT is not deferred adjudication — it is a pre-trial diversion that results in dismissal rather than a deferred plea.

For defendants with significant weaknesses in the prosecution’s case — a questionable stop, field sobriety test problems, blood test issues — trial may be the better option even though it carries more risk. For defendants with strong prosecution evidence and no real defense, DIVERT is often the best available path. The analysis is highly fact-specific and requires an honest assessment by an experienced attorney.

Expunction After DIVERT: What It Actually Means and the Timeline

One of the most important benefits of completing DIVERT is that you become eligible for expunction of your DWI arrest record. Expunction means the records of your arrest, the court case, and all associated documents are ordered destroyed. Background check services, DPS records, police records, court records — all of it. After a successful expunction, you can legally answer “no” to questions about criminal history on job applications, housing applications, and in most other contexts.

The expunction eligibility after DIVERT is governed by Texas Code of Criminal Procedure Chapter 55. After the DWI charge is dismissed upon DIVERT completion, you must wait for the applicable statute of limitations to expire for Class B misdemeanors in Texas (two years from the date of arrest) before you can file for expunction. So practically speaking:

• Complete DIVERT: month 12 → dismissal
• Wait for statute of limitations expiration: up to 2 years from arrest date
• File petition for expunction
• Court hearing and order
• Agencies ordered to destroy records (typically 90-180 days for full compliance)

Many people who complete DIVERT never follow through with the expunction, either because they don’t know they need to take an additional step or because they assume the dismissal already cleared the record. It doesn’t. The arrest will still show up on background checks until you file for and obtain an expunction order. For a complete explanation of how DWI expunction works in Texas, the process is worth understanding in full.

Herman handles expunction filings for his DIVERT clients as part of his complete case representation. Getting the dismissal is the goal. Making sure the arrest disappears from your record afterward is part of finishing the job.

How Much Does DIVERT Cost?

DIVERT involves several categories of costs that add up over the 12-month period. You should budget for:

• Program enrollment fees (set by Harris County)
• Monthly supervision fees
• Ignition interlock installation ($70-$150) and monthly monitoring ($60-$100/month)
• Required counseling or education program fees
• DWI education class (if required)
• Attorney fees

Total program costs typically run $1,500-$3,000 over 12 months, not counting attorney fees. That’s a meaningful expense, but it needs to be weighed against the cost of a DWI conviction: the state surcharges alone (now being phased out under recent legislative changes, but potentially still applicable in some cases), the employment impact, the insurance increase, and the lifetime criminal record.

Is DIVERT Right for You?

DIVERT is a powerful tool — but only if you use it correctly and only if it’s the right tool for your situation. Before deciding whether to pursue DIVERT, you need an honest assessment of your case: How strong is the prosecution’s evidence? Are there viable defenses? What are your long-term priorities — is clearing the record the primary goal, or do you have specific circumstances (immigration, professional license, prior history) that change the analysis?

For many first-time DWI defendants in Harris County, DIVERT is the best available path. For others, fighting the case is more appropriate. The only way to know which applies to you is to talk to an attorney who has actually evaluated your specific facts.

Talk to Herman Before You Decide

Herman Martinez has helped hundreds of Harris County clients evaluate and navigate the DIVERT program. He knows it from both sides — as a former prosecutor who worked within the same system, and as a defense attorney who helps clients succeed within it. He’ll give you an honest assessment of whether DIVERT is right for your case, and if it is, he’ll guide you through every step of the 12 months.

Call (713) 242-1779 for a free case evaluation, or submit the online evaluation form to get started. The sooner you understand your options, the better the decision you’ll make about how to handle your case. You can also learn more about DIVERT on our dedicated program page.