Facing a DWI (driving while intoxicated) charge in Texas can leave you terrified and overwhelmed about what is going to happen next. You will have to face the legal consequences, but you may also be concerned about how this conviction will impact your future.
Having a DWI on your record can affect everything from your job prospects to your insurance rates. Many people wonder how long a DWI will stay on their record, and whether there is anything they can do to remove it. Here is more information from Houston DWI lawyer, David Breston, on what to expect from a DWI arrest, conviction, and the possibility of expungement.
In Texas, a DWI charge refers to Driving While Intoxicated (DWI), typically due to alcohol or drugs. Under Texas Penal Code § 49.04, individuals are considered intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or higher. A DWI can result from driving under the influence of alcohol, drugs (prescribed or illegal), or any other substance that impairs your ability to operate a vehicle safely.
DWI charges in Texas are serious and can lead to significant legal consequences. It is important to understand the distinction between DWI and DUI (driving under the influence), as they can be used interchangeably in some contexts. However, DWI is more commonly associated with alcohol-related offenses and applies to anyone who is found to be intoxicated behind the wheel.
In Texas, a DWI conviction remains on your criminal record for life, unless you can have it expunged or sealed according to the Texas Code of Criminal Procedure § 55.01. Texas does not have a statute of limitations for keeping DWI convictions on your record. This means that a DWI conviction can show up during background checks for employers, landlords, and even for future legal matters.
While a conviction stays on your record indefinitely, the implications of that conviction can vary depending on the situation. For example, if you are applying for a professional license such as a CDL or a job that requires a background check, the employer may take the conviction into account and potentially deny you based on that information. However, it is important to note that Texas law may allow for additional opportunities to clear your record.
There are several factors that may affect the length of time a DWI remains on your record and whether it can be expunged or sealed. These factors include:
In some cases, it may be possible to have a DWI conviction removed from your record through expungement or record sealing. Expungement is the process of completely erasing the conviction from your record, while sealing restricts public access to your criminal history per Texas Government Code § 411.071.
Expungement is generally only available in cases where the charge was dismissed or you were acquitted. If the court drops the charges or you are found not guilty, you may be eligible for expungement. In cases where the charge resulted in a conviction, expungement is not typically available, but sealing the record may be an option.
Sealing allows individuals to restrict access to their criminal record, but the conviction still technically exists. This means that certain people, such as law enforcement or other government agencies, can still access your record, but it will not be visible to the general public, employers, or landlords.