This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
A DWI conviction in Texas can have a lasting impact that affects more than just your ability to drive. It can influence your job opportunities, auto insurance rates, and even your personal reputation for many years. Knowing how long a DWI stays on your record in Texas is important for understanding what to expect and which options may be available to clear or seal your record later.
LaVine Law Firm understands how a DWI charge can create stress and confusion for anyone facing it. Our skilled Texas DWI defense attorneys help clients understand their rights under Texas law and guide them through the legal process to minimize the long-term effects of DWI convictions.
Whether it involves fighting for a dismissal of a case or seeking to have a DWI conviction sealed, LaVine Law Firm helps Texas drivers take practical steps toward rebuilding their futures.
Under Texas Penal Code § 49.04, a DWI (Driving While Intoxicated) occurs when a person operates a motor vehicle in a public place while intoxicated. This means having a blood alcohol concentration (BAC) of 0.08% or higher, or losing normal use of mental or physical abilities due to alcohol or a controlled substance.
These laws are designed to protect public safety and apply to all Texas drivers, regardless of age or background.
A DWI arrest or conviction becomes part of your criminal record, which can be accessed by government entities, employers, and background screening companies. This record can affect your personal and professional life, making it harder to secure employment, maintain certain licenses, or get affordable car insurance.
Because a DWI record can follow you for years, it’s important to know what options exist for clearing or sealing it.
A DWI conviction stays on your criminal record forever unless it is cleared through expungement or sealed by an order of nondisclosure. The Texas Department of Public Safety (DPS) also maintains a record of your DWI on your driving record, which can influence auto insurance and job prospects for decades.
In Texas, a DWI conviction stays on your criminal record forever unless it’s removed through a court-approved legal process. Even if the conviction is old, it remains visible to government agencies and some employers during criminal background checks. This can limit opportunities for housing or employment, especially in industries that value a clean record.
According to the Texas Department of Public Safety, a DWI stays on your driving record for 75 years. This means it practically remains for life. This record can also affect your car insurance rates, as most insurance providers consider DWI convictions to be reckless driving behavior that increases financial burden and risk.
A DWI can appear on background checks run by most employers, landlords, and certain government entities. Even if your case was minor or involved procedural errors, a DWI listed in your criminal history can hurt your professional life and limit your future.
While a DWI doesn’t automatically disappear, you may be able to have your DWI record expunged or sealed under Texas law. These options help prevent unauthorized entities from viewing your record and can restore your professional life over time.
Expungement completely removes a DWI charge from your record, as if it never happened. You may qualify if your charges were dismissed, if you were found not guilty, or if you completed a pretrial diversion program without a criminal conviction.
Expungement is filed under the Texas Code of Criminal Procedure, Chapter 55, and once approved, your criminal record is cleared permanently. This means even government entities cannot access your DWI conviction records.
An order of nondisclosure does not erase your DWI conviction, but it does seal it from public view, protecting you from most background checks. This is often referred to as a sealed record, which keeps your criminal history confidential while allowing limited access for government agencies.
Under Texas Government Code § 411.0731, you may qualify if you were a first-time offender, your BAC was below 0.15, and no one was injured in a motor vehicle accident.
If you successfully completed probation and installed an Ignition Interlock Device (IID), the waiting period to apply for nondisclosure is two years. If you did not have an IID, the period is five years. Once this time passes, your lawyer can file a petition to have your DWI conviction sealed, allowing you to move forward without your DWI record affecting your future.
A DWI conviction also results in a license suspension under the Administrative License Revocation (ALR) process. This is separate from criminal penalties, but both will appear on your driving record, affecting your ability to work or travel.
After a DWI arrest, your driver’s license may be suspended by the Texas Department of Public Safety (DPS) through an ALR hearing. The suspension period is 90 days to 1 year for a first offense and 180 days to 2 years for repeat DWI offenses.
This administrative process is based on test results or chemical test refusal and can start even before your court case concludes.
In certain DWI cases, the court may order an Ignition Interlock Device to be installed on your vehicle. This device prevents you from starting your car until you pass a breath test.
While it may seem inconvenient, compliance with this rule helps protect your driving privileges and shows good faith to the court when you seek a nondisclosure order later.
Many people confuse a DWI charge with a DWI conviction, but they are not the same. Understanding this difference is essential when discussing expungement or record sealing.
Stage | Description |
|---|---|
DWI Arrest | You were arrested for suspicion of driving while intoxicated, but the case is still pending, and no judgment has been made. |
DWI Conviction | You were found guilty in court, meaning sufficient evidence was presented beyond a reasonable doubt to confirm guilt. A conviction becomes part of your criminal record forever unless sealed or expunged. |
Under the new law passed in Texas, deferred adjudication is available to certain first-time DWI offenders. This means that instead of a conviction, the court places you on probation. If you complete the terms, you may later qualify to have your DWI conviction sealed through a nondisclosure order.
Knowing what’s on your record helps you take the right legal steps to fix or clear it. You can review both your criminal and driving records through official Texas government agencies.
You can request a copy of your criminal record from the Texas Department of Public Safety (DPS) through the Crime Records Service (CRS). Fingerprint-based background checks offer the most accurate results and show all DWI charges and criminal convictions associated with your name.
To check your driving record, visit the Texas DPS Driver Record Request portal. The Type AR Certified Record shows all moving violations, license suspensions, and DWI convictions. Reviewing this regularly can help you ensure all information is accurate before you apply for expungement or record sealing.
Facing a DWI arrest in Texas can feel overwhelming, especially when you don’t fully understand your rights or the legal process. Working with an experienced Texas DWI lawyer can make a major difference in your outcome.
A skilled attorney can help you challenge the evidence, understand your options for having your DWI conviction expunged, and guide you every step of the way. At LaVine Law Firm, our legal team is committed to protecting your record and your future through strong defense and careful case preparation.
Your DWI defense lawyer will start by carefully reviewing your DWI arrest record to identify errors or weaknesses in the prosecution’s case. This process includes gathering evidence, verifying that the chemical tests were properly administered, and determining whether the officer had valid probable cause for your arrest.
Any mistakes in testing procedures or violations of your rights can lead to charges being dismissed or evidence being thrown out. A detailed investigation allows your attorney to build a strong defense based on facts and reasonable doubt.
Having the right legal counsel means you have someone who understands Texas DWI laws and knows how to protect your rights in and out of court. The legal team at LaVine Law Firm works to reduce penalties, limit license suspension, and, when possible, help you get your DWI conviction expunged or sealed from public view.
Your lawyer will communicate clearly, guide you through every court appearance, and ensure that all deadlines are met. With the right support, you can move forward confidently knowing that your case is being handled by professionals who care about your success.
A DWI conviction stays on your criminal record forever unless it’s expunged or sealed by court order.
Yes, but only if your case was dismissed, you were found not guilty, or you completed a diversion program.
A sealed record means that your DWI conviction is hidden from public view but still accessible to certain government entities.
Yes, under Texas law, a deferred adjudication can prevent a conviction if all probation terms are completed.
Yes. Unless your DWI is expunged or sealed, it stays on your record permanently, affecting your job opportunities and car insurance rates for years to come.
To have a DWI expunged, you must meet specific eligibility criteria under Texas law, such as having your case dismissed, being found not guilty, or completing a diversion program.
A higher blood alcohol content (BAC) can lead to harsher penalties, including longer jail time and higher fines. Texas takes drunk driving seriously, and a Texas DWI stays on your record unless you take legal action through the legal system to clear it.
If you have a DWI on your record, it’s important to act quickly to understand your legal rights and options. At LaVine Law Firm, our skilled DWI defense attorney can help you review your case, determine whether expungement or nondisclosure applies, and develop a strategy tailored to your unique situation. We understand how DWI cases can affect every part of your life, from employment to housing, and we’re here to help you move forward with confidence.
Our goal is to protect your future and minimize the lasting effects of your DWI conviction. We offer a free consultation to discuss your options, answer your questions, and help you make informed decisions about your next steps.
Contact us today to speak with an experienced Texas DWI lawyer and take the first step toward clearing your record and rebuilding your future.
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