DUI Expungement Process In Texas

Summary:

Expunging a DWI (Texas’ term for DUI) conviction in Texas is critical for restoring employment opportunities, housing eligibility, and professional licensing. A DWI record triggers immediate penalties like license suspension, fines up to $10,000, and incarceration, while long-term consequences include permanent criminal records accessible to employers, landlords, and educational institutions. Texas’ strict expungement rules—which exclude most DWI convictions—create unique legal hurdles. Only individuals with dismissed charges, acquittals, or successful deferred adjudication (for non-intoxication offenses) qualify, making strategic legal planning essential from arrest.

What This Means for You:

• Immediate Action: Request an Administrative License Revocation (ALR) hearing within 15 days of arrest (Tex. Transp. Code §524.011). Failure to act forfeits driving privileges automatically. Simultaneously, seek a criminal defense attorney to challenge blood/BAC evidence under Texas’ strict reliability standards (Texas Code of Criminal Procedure Art. 38.50).
• Legal Risks: Convictions carry tiered penalties: First-time DWI (Class B misdemeanor, up to 180 days jail, $2,000 fine), BAC >0.15 (Class A misdemeanor, 1 year jail, $4,000 fine), or third offense (3rd-degree felony, 10 years prison, $10,000 fine). Collateral consequences include 1-2 years license suspension and mandatory ignition interlock installation.
• Financial Impact: Beyond attorney fees ($3,000–$15,000), expect fines, court fees ($300–$1,200), 3-year DPS surcharges ($1,000–2,000 annually), interlock costs ($900+/year), SR-22 insurance hikes (80–200% increase), and employment loss (especially CDL holders).
• Long-Term Strategy: Pursue expungement only if charges were dismissed or you were acquitted (Texas Gov’t Code § 411.0735). If convicted, deferred adjudication eligibility (for non-intoxication assault/manslaughter cases) may permit record sealing via an order of nondisclosure after a 5-year waiting period (Tex. Gov’t Code § 411.072).

Explained: DUI Expungement Process In Texas:

In Texas, DWI expungement (governed by Texas Code of Criminal Procedure Art. 55.01) permanently destroys arrest and court records only if charges were dismissed, resulted in acquittal, or pardoned. Unlike nondisclosure (which hides records from public view), expungement treats the arrest as though it never occurred. Most DWI convictions are ineligible unless they fall under narrow exceptions, such as wrongful arrests or successfully completed pretrial diversion programs. Federal agencies like the FBI still retain non-expunged DWI data, limiting opportunities in federally regulated industries (e.g., trucking, aviation).

Texas distinguishes DWI (driving while intoxicated under Penal Code §49.04) from DUIs, which apply only to minors with ANY detectable alcohol (Zero Tolerance Law). Expungement rules for minors differ: first-offense DUIs may be eligible for expungement upon turning 21 if the offender completes alcohol education (Tex. Alco. Bev. Code §106.12).

Types of DWI Offenses:

Texas classifies DWIs by severity: Standard DWI (BAC ≥0.08), Intoxication Assault (3rd-degree felony, serious bodily injury), and Intoxication Manslaughter (2nd-degree felony, death). Commercial drivers face enhanced penalties for BAC ≥0.04. Prior convictions escalate charges: A second DWI carries mandatory 3–30 days jail (Class A misdemeanor), while a third becomes a felony. Enhanced BAC (>0.15) triggers additional penalties under “DWI with Child Passenger” or “Extreme DWI” statutes.

Common Defenses for DWI:

Texas defenses target procedural flaws: Invalid traffic stops (lacking reasonable suspicion under Terry v. Ohio), faulty warrantless blood draws (violating Texas Transportation Code §724.012), rising BAC defense (pre-arrest sobriety with post-arrest intoxication), or medical conditions (GERD, diabetes) skewing breathalyzer results. Breath test refusal triggers automatic 180-day license suspension but prohibits prosecutors from using refusal as evidence of guilt (Texas Transp. Code §724.061).

Penalties and Consequences of DWI Offenses:

First-time offenders face up to 1 year driver’s license suspension, $2,000 fines, and 72 hours to 180 days jail. Probation mandates 30-day license suspension, DWI education programs (12–32 hours), and community service. Repeat offenders incur 180 days–2 years license suspension, ignition interlock for 1–2 years, and felony convictions (prison terms 2–10 years). Collateral consequences include 2-year occupational license restrictions, firearm ownership bans, and deportation risks for non-citizens.

The DWI Legal Process:

Post-arrest, Texas enforces dual tracks: Administrative (ALR hearing to contest license suspension within 15 days) and criminal (arraignment, discovery, motions to suppress evidence like faulty BAC tests). At pretrial, attorneys negotiate plea bargains—often reducing charges to obstruction or reckless driving. If convicted, sentencing includes court costs, treatment programs, and license reinstatement fees. Trials are jury-based, requiring proof of intoxication (BAC or impaired faculties) and voluntary driving.

Choosing a DWI Attorney:

Select Board-Certified Criminal Law Specialists (Texas Board of Legal Specialization) with >75% DWI dismissal/reduction rates. Prioritize lawyers familiar with ALR hearings and local prosecutors (e.g., Harris County’s specialized DWI courts). Verify success in suppressing blood tests lacking proper warrants under Texas’ “no refusal” weekend protocols. Flat fees ($2,500–$10,000) are preferable to hourly rates.

Other DWI Resources:

Texas DPS ALR Hearing Guide | TexasLawHelp’s Nondisclosure Guide

People Also Ask:

1. Can you expunge a DWI conviction in Texas?
No. Texas prohibits expunging DWI convictions unless overturned on appeal or pardoned. Exception: Dismissed charges qualify for expungement, while deferred adjudication for first-time DWIs (without enhancements) may seal records via nondisclosure after 5 years (Tex. Gov’t Code §411.071).

2. How long does a DWI stay on your record?
Permanently if convicted. Employers, landlords, and licensing boards can access it indefinitely. Expungement or nondisclosure is the only remedy. For dismissed cases, expungement erases records after a 2-year waiting period (Tex. C. Crim. Proc. Art. 55.01(a)(2)(B)).

3. What is the difference between expunction and nondisclosure?
Expunction destroys records; nondisclosure hides them from public view. Nondisclosure applies only to deferred adjudication cases, excluding offenses involving intoxication assault/manslaughter, sexual crimes, or domestic violence (Tex. Gov’t Code §411.072).

4. Can I get an occupational license after a DWI?
Yes. After a 30-day suspension (first offense) or 90-day suspension (repeat offenses), file a petition with the court, install an ignition interlock, and pay a $10 fee (Tex. Transp. Code §521.242). Employers are notified.

5. Does Texas offer pretrial diversion for DWI?
Rarely. Counties like Travis or Bexar may allow it for first-time, low-BAC (

Expert Opinion:

Start building your defense immediately upon arrest. Texas DWI convictions carry irreversible personal, financial, and legal repercussions. Even unsuccessful expungement petitions can permanently bar future relief—consult an attorney specializing in Texas DWI expungement law to evaluate eligibility before filing.

Key Terms:

• Texas DWI expungement eligibility criteria
• DWI deferred adjudication nondisclosure Texas
• Occupational driver license after DWI arrest
• ALR hearing DWI license suspension Texas
• Felony DWI third offense penalties Texas

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