Is My DWI Eligible for Expungement?

Harrell & Paulson

Driving while intoxicated (DWI) is considered a criminal offense in the state of Texas. With this comes the chance of having this offense lingering on your permanent criminal record. Continue reading to learn about the possibility of filing for expungement and how an experienced Kaufman County, Texas DWI lawyer at Harrell & Paulson, LLP can work on your behalf.

What Are the Potential Penalties for A DWI in The State of Texas?

The consequences you may be facing for your DWI are contingent upon whether you are a first-time offender or a repeat offender. It may also depend on your blood-alcohol content (BAC) level at the time you were stopped by a law enforcement officer. The state of Texas recognizes the following potential penalties:

  • First-offense DWI with a BAC level of less than 0.15 percent:

    • Incarceration for up to 180 days.

    • A fine of up to $2,000.

    • A suspended license for up to one year.

    • An ignition interlock device (IID) in your vehicle.

    • Attendance at a DWI education or alcohol treatment program.

  • First-offense DWI with a BAC level of 0.15 percent or more:

    • Incarceration for up to one year.

    • A fine of up to $4,000.

    • An IID in your vehicle.

    • Attendance at a DWI education or alcohol treatment program.

  • Second-offense DWI:

    • Incarceration for up to one year.

    • A fine of up to $4,000.

    • A suspended license for up to two years.

    • An IID in your vehicle.

    • Attendance at a DWI education or alcohol treatment program.

  • Third-offense DWI:

    • Incarceration for up to 10 years.

    • A fine of up to $10,000.

    • A suspended license for up to two years.

    • An IID in your vehicle.

    • Attendance at a DWI education or alcohol treatment program.

Am I Eligible to File for Expungement After My DWI?

Notably, the state of Texas offers what is known as expungement. With this, you may file a petition to have your criminal charges, along with any records of your arrest, removed from your file.

Unfortunately, more likely than not, you may be ineligible to file for expungement for your DWI conviction in the state of Texas. Though, there are some exceptions to this. For example, you may be able to have your misdemeanor DWI expunged if your case was dismissed. This is so long as you were not convicted of another crime at the time of your arrest, and so long as your DWI was not considered a felony.

And if you can successfully have your DWI expunged from your criminal record, then you are granted the legal right to deny arrest on any form you fill out. This may be beneficial when you are applying for a job, a loan, a rental unit, or otherwise.

So, if you are ready and willing to fight against the charges placed against you, then employ a skilled Kaufman County, Texas criminal defense lawyer today. We look forward to working alongside you.