How Long Will a DWI Stay on My Record in Texas?

Being accused of DWI is a difficult enough experience but what happens if you are also arrested for a DWI and are concerned about its long-term implications on your record? One of the most common questions asked of DWI attorneys in the state of Texas is how long this DWI will stay on your record. Many people panic when they get arrested. Criminal charges can be removed from your record in Texas in certain situations but only if you apply for it and meet the eligibility grounds. The outcome of your DWI case might also be referred to as disposition. The type of disposition received in your case will have a significant impact on whether or not you can get the matter expunged or removed from your record. in the best-case scenario, the prosecutor could choose not to proceed with your case and this will lead to a dismissal.

You might also receive something known as a deferred adjudication. This is essentially a plea bargain between the prosecutor and you that says that if you meet a set of conditions determined in advance over a period of time, the case will be dismissed. You might also be successful in your court case and get a not guilty verdict.

However, you still will maintain a right to expunge certain crimes from your record if you meet basic general rules. One of these rules has to do with a waiting period. For felonies, you must wait three years from an arrest. For class A or B misdemeanors, you must wait a year from the arrest and for class C misdemeanors, you have to wait 180 days from an arrest. Your criminal defense attorney will tell you more about how you need to prepare yourself for a possible expungement in the state of Texas for your DWI.

If your record is expunged successfully, you can move on with your life and have access to better opportunities. But if you don’t have a knowledgeable Fort Bend DWI lawyer? You could miss out on the chance to clear your record.



What Is the Definition of Intoxication Throughout Texas?

If you have recently been arrested for DWI in the state of Texas, you are likely curious about whether or not your case meets the definition of intoxication. Intoxication under the Texas law means that you do not have the normal use of your physical faculties by reason of introduction to a controlled substance, dangerous drug, a drug or alcohol or any combination of those substances, or not having the normal use of your mental faculties because of the introduction of any of those substances. Furthermore, the definition of intoxication in Texas could be referring to a person who has an alcohol concentration of 0.08 or more.

Typically, the prosecutor in a Texas DUI case only needs to prove one of those three ways in order to obtain a conviction in your case. If the jury believes that the person has lost their mental faculties, for example, they could be convicted of DUI. Texas law refers to alcohol concentration based on the number of grams of alcohol per:

  •      67 ml of urine
  •      100 ml of blood
  •      210 liters of breath

Unless you are an experienced toxicologist and have your own calculator, you will be unlikely to determine your own alcohol concentration in your body. The amount of alcohol in each of those above-listed definitions is not necessarily equal. This means that one test could confirm your innocence, whereas another could hint at your guilt with a reading of 0.08 or more. The general guideline of having one beer, one glass of wine or one shot of whiskey for an hour could help you, but a knowledgeable Texas DUI lawyer will likely be necessary if you need to defend yourself in such a case.   

From your perspective, it might seem like the officer overreacted, especially when it comes to making that first determination about whether or not you are under the influence. If you can show in court that the offer acted in ways that he or she shouldn’t have given the situation, this information can be used in your defense strategy.