An arrest and conviction for driving while intoxicated will stay on your criminal record long after any court ruling or punishment. You may not realize the effect that a DWI record can have until it shows up during a background check when you are applying for a job. This may be particularly frustrating if you were never convicted of DWI. A DWI arrest and charge remain on your record unless you take steps to expunge them. However, your case must meet specific conditions in order to be eligible for expunction in Texas.
What Is Expunction?
Criminal charges and convictions are normally visible to anyone who conducts a criminal background check on you. With DWI convictions in Texas, you can petition to have your conviction sealed from everyone except for law enforcement and employers in sensitive fields, such as education. Texas allows record sealing for some first-time DWI offenders whose conviction did not include aggravating charges. Expunction removes the charge and conviction from your record so that it does not appear in any searches of official public records (Your arrest may still appear in an internet search if a story about your arrest was published and is archived on a private media company’s website).
Qualifying for Expunction
You cannot expunge a DWI conviction from your criminal record in Texas. Even if you were convicted of a lesser charge, you cannot remove the DWI arrest from your record. If you were a juvenile convicted of driving under the influence of alcohol, your juvenile record may be eligible for expunction if you completed your punishment and do not have any other alcohol-related charges on your record. Otherwise, you can expunge your DWI arrest and charge from your record only if you were not convicted, such as:
Ride-sharing services such as Lyft and Uber often hail themselves for decreasing the number of crashes and arrests involving people who drive while intoxicated. Arranging for transportation through your phone makes it easier for you to get a ride home when you are too drunk to drive. Various studies have shown that metropolitan areas had decreases in DWI arrests after the ride-sharing services entered their market, but the effect is inconsistent across the different cities. Some researchers believe that the effect of ride-sharing services on DWI arrests and crashes may be overstated.
Researchers had a good opportunity to study the relationship between DWI arrests and ride-sharing services when Lyft and Uber temporarily left some major cities a few years ago, including Austin and San Antonio. Cities such as San Antonio did have a noticeable decrease in alcohol-related crashes when the services returned, but other cities saw little or no change. For instance, the number of DWI arrests continued to decrease in Austin after Lyft and Uber ceased operating there. Thus, researchers state that other factors may be responsible when DWI arrests decrease, such as:
Public education campaigns;
Expansions in public transportation; and
Societal attitudes towards drunk driving.
A Fatal Problem
Texas consistently has the highest number of alcohol-related driving fatalities in the country. The fatality total has slightly increased in Texas during recent years – from 1,323 in 2015 to 1,468 in 2017. Ride-sharing services certainly do not seem to be decreasing the number of deaths. The assumption that ride-sharing will greatly prevent drunk driving is flawed in several ways:
The Fourth of July and the accompanying weekend may be the height of summer celebration in the U.S. It is also a time of year that will see an increased number of vehicle crashes and fatalities related to driving while intoxicated. Police will try to prevent the damage by having additional officers on patrol for drivers who may be under the influence of alcohol or drugs. You do not want to ruin your holiday by becoming one of the many people who will be arrested for DWI. Here are three tips for preventing a DWI arrest that may be relevant to your Independence Day:
Have a Transportation Plan: The best way to avoid a DWI charge is to not drink and drive. Even if you think you are safe to drive, police officers will be attentive to any signs that you may be impaired. Whether at a public event or private party, plan ahead for how you will get home if you expect to drink. Have a designated driver or use a ride-share service. Waiting for a ride to show up is better than waiting in the back of a police car or ambulance. If at a private residence, ask your host if you can stay until you sober up or plan on ending your drinking earlier in the night.
Be Careful About Sleeping in Your Car: It may be tempting or even seem responsible to sleep in your car if you feel too drunk to drive. However, police can still arrest you for DWI in this situation if they believe you are operating or have recently operated the vehicle. The evidence could be that you had the key in the ignition in order to run the air conditioning or radio. Sleeping in your car while drunk is a risky decision. If you do so, you should sleep in the back seat with the car turned off.
Understand Your Legal Rights: Being stopped by a police officer on the Fourth of July does not automatically mean you will be arrested or charged. First, the officer must have reasonable suspicion that you are committing a crime to legally stop you. Then, the officer must have probable cause that you are intoxicated to arrest you for DWI. The officer cannot force you to say or do anything that may incriminate yourself, including participating in a field sobriety test. The officer cannot take a blood sample or search your vehicle without a warrant. By remaining calm, you reduce the chance that you will give the officer any evidence of a crime.
Contact a San Antonio DWI Defense Attorney
If you have been charged with DWI, you must act quickly to protect yourself. A San Antonio DWI defense attorney at the Law Offices of Sam H. Lock can work towards the best outcome for you in your case. Schedule a free consultation by calling 888-726-5625.
In a bizarre sequence of events, three drivers in Austin, Texas, were arrested for driving while intoxicated after being involved in three separate crashes at the same location and on the same night. Police officers were at the scene of a DWI crash when an allegedly intoxicated driver crashed into the back of a police car. After an ambulance arrived at the scene, another allegedly intoxicated driver crashed into that vehicle. No one was critically injured in the incidents, though three people were taken to the hospital with non-life-threatening injuries. Causing property damage or personal injury in a DWI incident can result in harsher punishment if you are convicted.
Property damage in a DWI case most often involves damage done to another vehicle as the result of a crash. Prosecutors can add property damage as a separate charge from your DWI charge. Property damage is a class C misdemeanor, punishable by a fine of as much as $500. However, you may also face civil penalties if the owner of the damaged property files a lawsuit against you. The lawsuit is separate from the results of your criminal case and may require you to pay for repairing or replacing the property.
You will face more serious punishments if you are convicted for a DWI accident that caused serious injury or death. A DWI incident that causes serious injury is called intoxication assault, which is a third-degree felony and may result in:
Whether or not you believe it is justified, it is important to be respectful and reasonably cooperative towards a police officer when stopped for suspicion of driving while intoxicated. You are entitled to defend your rights if you believe the officer is ignoring proper procedure during a DWI stop, but acting belligerent will antagonize the officer and escalate the situation. Compliance is particularly important if the officer decides to arrest you on suspicion of DWI. Prosecutors can add evading or resisting arrest to your DWI case. Even if your original DWI charge is dismissed, you could still be convicted on these charges.
Some DWI suspects attempt to flee when they realize they are about to be arrested. Texas law defines evading arrest as when:
The Law Offices of Sam H. Lock, with offices in San Antonio and Seguin, Texas, provides criminal defense representation for people charged with state and federal crimes throughout Texas and the United States, including San Antonio, Austin, El Paso, Midland, Pecos, Waco, Hondo, New Braunfels, Laredo, Kerrville, San Marcos, Boerne, and Del Rio, Bexar County, Guadalupe County, Comal County, Wilson County, Gonzales County, Kendall County, Bandera County, Caldwell County, Hays County, Travis County, Medina County, Blanco County, Burnet County, Atascosa County, Live Oak County, Nueces County, Uvalde County.