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How to Get A DWI Charge Sealed in Texas

May 18, 2022

How to Get A DWI Charge Sealed?

If you’ve been convicted of driving while intoxicated, you understand how fear and uncertainty can dominate your concerns for both the immediate and distant future. What penalties will you face? How long will the charge affect other areas of your life? What are your options for moving forward? Although it is not possible in Texas to get a DWI conviction expunged or a DWI conviction off your record, having a DWI record sealed where it is hidden from the public is the next best thing.

 

Driving While Intoxicated

Operating a vehicle with a breath alcohol concentration (BAC) of .08 or higher can get you charged with a Class B misdemeanor of driving while intoxicated (DWI). Officers can also make arrests for DWI if the driver is physically or mentally incapacitated, regardless of their breath alcohol concentration. This is often based on cognition, behavior, and interaction with the officer during the traffic stop.

There are factors that can cause a driver to be charged with a more serious Class A misdemeanor DWI, including a BAC of .15 or higher. If you’ve been arrested for DWI, the legal team at The Fox Firm can evaluate your case and identify any potential defense strategies.

 

Penalties and Consequences for DWI

The risks associated with a DWI arrest reach beyond the penalties ordered by a judge. While punishments like jail time, hefty fines, and license suspension can have enormous and unwelcome effects, the long-term repercussions are often the most detrimental. Not even first-time offenders are guaranteed leniency, with many forced to jump through hoops like Administrative License Revocation Hearings in an attempt to function in their everyday lives.

 

Getting Your DWI Record Sealed

Having your record sealed can mitigate these effects and help you get back to normal following a DWI conviction. Is it possible to get rid of a DWI on your record? The short answer is maybe. At least from the public’s perspective.

In 2017, the Texas legislature created this possibility with the passage of HB 3016. The law allows certain DWI convictions to be sealed in limited circumstances. In situations where laws are this complex, it is always a good idea to speak with a qualified attorney. Our DWI lawyer can advise you on your options from the context of your unique situation.

The general qualifications for having a DWI record sealed are:

  • First/only DWI offense;
  • Charged with no more than a Class B misdemeanor DWI;
  • No accident involving other people;
  • No prior convictions other than minor traffic violations; and
  • Completion of any and all requirements of probation.

There are mandatory waiting periods for applying to have a DWI record sealed. These time frames range from two to five years. If you are unsure about whether you qualify to have your DWI charge sealed, please reach out to us. We would be happy to answer any questions you have about the qualifications or time frames for this process.

All hope is not lost after your DWI conviction. Let The Fox Firm help you seal your DWI record and get back on your feet. Contact us today to schedule a consultation.