A DWI stays on your record permanently in Texas unless you can get it expunged or sealed. With a DWI on your record, anyone who runs a criminal background check on you will be able to see it, including:

• Employers
• Landlords
• Homeowners’ associations
• Potential business partners

A DWI defense lawyer from our law firm can help you explore options to get your DWI removed from your record.

What Happens After a DWI Conviction in Texas?

As soon as a DWI (driving while intoxicated) conviction becomes a court record, it goes on your criminal record. So, at that point and any time after that, a person checking your criminal background can see your DWI conviction.

People with DWIs on Their Records Face Obstacles

Having a DWI on your criminal record can subject you to discrimination, making certain aspects of your life difficult. For example, if you lost your job because of a DWI conviction, you would need to seek new employment. However, if a potential job requires you to pass a background check, your employment could be denied because of your DWI, especially if the job involves driving.

Other ways a DWI on your record could bring new obstacles into your life include the following:

• You may lose your commercial driver’s license if convicted of a DWI, which may prevent you from continuing your commercial driver career.
• You may be denied loan offers for a home, car, or other large purchases if a DWI shows up on your background check.
• Your social status may diminish as more people become aware of your criminal history.

If you have been convicted of DWI in the past, an attorney from our legal team can help you check your background to see what shows up. If your DWI conviction appears on your criminal record, we can help you explore options to have it removed. We will determine if you can have your DWI sealed or expunged.

You May Be Able to get Your DWI Conviction Sealed in Texas

A law signed in 2017, Government Code § 411.0765, allows Texas residents to petition the court for nondisclosure of certain criminal convictions. One eligible offense is driving while intoxicated.

What does ‘Nondisclosure’ Mean for Criminal Convictions in Texas?

For an individual, “nondisclosure” means they can get their conviction sealed, effectively putting it out of view or anyone who might check their background, including employers and landlords.

Following nondisclosure, only certain government workers would ever be required to disclose their DWI conviction.

What Are the Eligibility Requirements to Get Nondisclosure on a DWI Conviction?

For your DWI to be eligible for nondisclosure under the new law, it must meet the following requirements:

• It was your first offense, which means DWIs with aggravating circumstances do not qualify.
• You did not have a blood alcohol concentration (BAC) of 0.15 percent or higher.
• You have served your full sentence (e.g., jail, fines, license suspension).
• You have paid all court-imposed fees and costs.
• You have not been convicted of and are not in deferred adjudication for any crimes committed since your DWI (other than a traffic offense punishable by only a fine).
• You have completed the required two-year waiting period, which may be longer in certain cases.

Our attorneys will review whether you meet the eligibility criteria for ordering nondisclosure on your DWI conviction. If you do, we will take the appropriate legal steps.

Getting Your DWI Expunged in Texas Is an Option If You Have Not Been Convicted

The difference between nondisclosure and expungement is that while nondisclosure shields your record from public view but does not get rid of it, expungement wipes your DWI out of existence. It is like it never happened.

However, for your DWI to be eligible for expungement, you must not have been convicted. If you successfully pleaded down to a lesser charge, such as reckless driving, you may be eligible to have your DWI expunged.

If you have other charges on your record, different principles will apply to these. For example, it is typically more difficult to have a family violence-related charge or arrest expunged, even if it did not result in a conviction. A domestic violence attorney in Dallas can offer further details based on the specifics of your case.

A Texas DWI Lawyer From Our Firm Can Help You with Your Case

A Texas DWI lawyer from our law firm can help you with your DWI charge, no matter what stage you are in. If you have been arrested and are facing trial, we can help you potentially have the charge dropped, get acquitted at trial, or have your DWI charges reduced to a lesser crime, such as reckless driving. After that, we can work on getting your DWI arrest record expunged or sealed.

If you have already been convicted of DWI, we can help you petition the court for non-disclosure so that the conviction is sealed and not visible to anyone checking your background.

We Guide Our Clients Throughout the Criminal Justice Process

It can be nerve-wracking having your future on the line because of a DWI charge. By working with our lawyer, we advocate for your rights so that your charges may be reduced or eliminated. As your legal representative, we perform several duties to build your case, including:

• Investigating whether your DWI charge was lawful (e.g., the arresting officer had reasonable cause to believe you were driving under the influence)
• Investigating whether your breathalyzer or blood test results are accurate
• Reviewing the nature of your arrest, interrogation, or processing to see if your rights were violated in any way
• Gathering evidence that supports your case, such as dashcam footage that shows you were speaking clearly during your arrest
• Representing you during court hearings, including initial and pretrial hearings to negotiate bail and/or plea deals

We will advise you throughout your case so that you understand the circumstances you’re facing. If you ever have questions, your attorney will answer you accordingly.

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(214) 696-9253

Get a Free DWI Case Evaluation with the Law Offices of Randall B. Isenberg

Attorney Randall Isenberg and his team fight for the rights of the accused. Even if you have been convicted of a DWI, we believe a single mistake or lapse in good judgment should not hold you back or prevent you from accomplishing your goals.

We can help you get your DWI sealed or expunged so that it does not show up on your background. For a free consultation with our team, call (214) 696-9253.

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When a driver is convicted on a DWI (driving while intoxicated) charge, one common sentencing measure is probation. This is a period assigned in court where an individual is subject to DWI probation requirements that could include community service, sobriety checks, forfeiture of license, and even a device to lock the ignition of a vehicle.

If you were charged with a DWI, a legal professional can help you understand the possible repercussions you face.

Possible Probation Requirements After a DWI

Possible requirements following a DWI charge could include one or more of the following:

• Community service: Community service refers to volunteering or other required work in your community. As a DWI probation requirement, you might be obligated to fulfill a certain number of hours. The number of hours could be as little as 24 hours to as many as 100 hours.
• Sobriety checks: Generally, probation periods require sobriety. This means it could be necessary to routinely prove you have not been using drugs or alcohol. While some sobriety tests are scheduled, others can be random.
• Loss of a driver’s license: A DWI could result in the loss of a license to operate a motor vehicle for the entirety of the probation period.
• Ignition lock: An ignition lock refers to a DWI offender vehicle being locked so that it cannot be operated. While not every probation requires an ignition lock, it is a possible penalty.

Every probation is different based on each case’s unique details. If you find yourself facing probation for a DWI offense, speaking with a criminal defense lawyer could help you clarify what to expect.

Other Penalties in DWI Cases

Probation is only one penalty you could face following a DWI charge. Others include significant fines and court fees, an extended loss of your driver’s license, and even prison time. You could also face civil charges if you caused an accident that resulted in property damage or loss for a third party.

Because penalties and probation periods are subject to the severity of the charge, navigating your case can be complicated. A drug crime attorney in Dallas can review the details of your case and provide you with a realistic assessment of potential charges, as well as a reasonable defense strategy.

How Long Can Probation Last?

Each probation period’s terms can vary. Probation can last weeks, months, and in some cases, multiple years. Several factors play a role in determining how long probation for a DWI might last.

What Factors Affect Probation Requirements?

Some factors that could impact the probation requirements of a DWI include:

• Whether you have a criminal history or history of DWI offenses
• The extent of damage, injuries, and severity of your accident
• Whether you express genuine remorse for your actions
• The specific circumstances of your incident and charges
• Cooperation with law enforcement during the legal process

Regardless of how long probation lasts, following the rules and fulfilling all requirements is the only way to ensure it will end on schedule.

Failure to Adhere to Probationary Requirements

If you were charged with a DWI and put under a probationary period, it is important to follow the rules. Failure to do so could leave you with even more severe penalties. Some of the repercussions of breaching probationary rules include:

• An extended probationary period
• Additional fines and penalties
• The escalation of your DWI case resulting in more severe legal penalties
• Permanent or extended suspension of your license
• More frequent sobriety testing
• House arrest

Why DWI Penalties Are Often Severe

The Centers for Disease Control and Prevention (CDC) estimates that impaired drivers cause about 16% of all motor vehicle accidents. Additionally, preventable DWI accidents cause injuries, vehicle loss, and other forms of suffering. With so much potential for damage and loss, it is not a surprise that DWI fines, probation periods, and other penalties exist.

If you were charged with a DWI, you could be facing serious legal repercussions. While DWI charges are serious, remember that you have legal options. Understanding your rights and obligations can help you make the best of an unfortunate situation.

Legal Representation

If you find yourself in hot water because of a probation violation, your future could be hinging on how these violations are legally punished. Hiring a lawyer to help you navigate the legal system during this time could prove beneficial in several ways.

Our team of lawyers will support you by helping with legal paperwork, answering your questions, managing the criteria and expectations of your probation, and more. If you abide by the rules of your probation, your sentence could be reduced in some cases. If you are wondering what is required in a DWI probation, reviewing the details of your situation with a lawyer could be helpful.

Contact Us Today to Discuss Your DWI Case

If you were charged with a DWI, broke the rules of your probation, or have general questions about how probation works, the Law Offices of Randall B. Isenberg is available to help. Call us for a free, no-obligation consultation with one of our team members today. The sooner you call us, the sooner we can help you explore your legal options.

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(214) 696-9253

When a law enforcement officer makes an arrest based on the suspicion of someone driving under the influence, they are still required to conduct themselves in a legal and fair manner. Common mistakes that police make in a DWI arrest, such as sobriety test administration errors, can affect the outcome of a case.

If you are facing a DWI (driving while intoxicated) charge, it is possible that errors were involved. Those accused of driving under the influence have legal options, and it is even possible that a case could be thrown out.

Common Law Enforcement Errors in DWI Cases

Other examples of common mistakes police make in a DWI arrest include but are not limited to:

• Having no reasonable suspicion before pulling a driver over
• Failing to properly administer a breathalyzer test, blood test, urine sample, or other sobriety tests
• Laboratory errors, such as mixing up a sample
• Off-duty DWI stops that are not permitted
• Not using a standardized sobriety test
• Failure to videotape or document a stop, leading to discrepancies in a case
• Failure to respect the driver’s legal rights

How a Police Error Could Affect Your DWI Case

Identifying police errors is important because they could impact your case. If you can prove your DWI charge was the result of an invalid or improperly administered test, your case could be thrown out. The repercussions of a DWI conviction can be very serious, so your future could be directly impacted by the common mistakes police could make during a DWI arrest.

Common Types of DWI Tests

Mistakes can occur during the administration of any DWI test. Some common types of tests that could be unfairly or improperly administered include but are not limited to:

• Horizontal gaze test: This test requires your eyes to follow an object to assess cognitive function through eye motion.
• Walking tests: These types of tests could include walking down a line or turning, gauging movement and motor skills to check for impairment. Other movement tests include standing on one leg and others.
• Alphabet test: The suspected driver is required to recite the alphabet or other basic knowledge they would easily know without possible impairment.
• Urinalysis, blood, and breathalyzer tests: Breathalyzer tests examine the breath of a suspected intoxicated driver for alcohol, while urinalysis and blood tests require samples for a lab to analyze for impairing substances.

Standardized DWI Tests

While many different types of tests could be administered to assess sobriety, only certain tests could be valid, depending on the jurisdiction. The most universally accepted tests are known as “Standardized Field Sobriety Tests” or “SFSTs.” Law enforcement officers receive training to conduct these tests in a fair and standardized manner, but mistakes can still occur.

Why do DWI Testing Mistakes Occur?

The Centers for Disease Control and Prevention (CDC) reports that in 2016 alone, over 1 million individuals were arrested for driving under the influence of drugs or alcohol. With more than 1 million arrests, statistically, it is likely that mistakes will occur during the process.

Common mistakes police make in a DWI test can occur for various reasons. Sometimes, inexperience can play a role or improper training. In other circumstances, the chaotic nature of a DWI arrest can prompt officers to act swiftly instead of taking their time to follow procedures.

Laboratory errors or mistakes made while documenting the details of an arrest can also occur. In any case, if you were charged with a DWI, considering the possibility that mistakes were made can help you evaluate if your case could be thrown out in court.

The Legal Penalties of a DWI Conviction

DWI arrests are common, and because they can cause a great deal of suffering, the penalties in these cases are often severe. DWI charges can result in hefty fines, probation, loss of license, and even time in prison.

A DWI charge on your record could affect your future employment. While the potential legal penalties of a DWI charge are daunting, remember that being arrested does not mean you are convicted. If a mistake occurred in your case, you could have legal options to fight your case.

Hiring a Lawyer to Help You Fight for Justice After a DWI Arrest

Being arrested on a DWI charge can be very stressful and uncertain, but you have options. Many people charged with driving while intoxicated hire a lawyer so they can pursue the best possible legal outcome.

There are many benefits to having a lawyer on your side. They can help walk you through your options, manage your expectations about your future, and determine if law enforcement officers made any mistakes during your arrest. It can also be comforting to have a team available to answer your questions, help with paperwork, and offer support.

Our team of lawyers near you is available to discuss your case if you are interested in learning more.

Click to contact our attorneys today

(214) 696-9253

Contact the Law Offices of Randall B. Isenberg Today

If you were charged with a DWI and think a law enforcement officer made an error in your arrest, your arrest could be invalid. For a free, no-obligation consultation, call the Law Offices of Randall B. Isenberg today at (214) 696-9253.

We will talk with you about your DWI arrest and determine if any common mistakes that police make in a DWI arrest occurred. We will also review your legal options and possible next steps with you during your case review.

Call or text or complete a Free Case Evaluation form

(214) 696-9253