How Long Does a DWI Stay on Your Record?
At McDougal Law Firm, we know how deeply a DWI arrest or conviction can affect someone’s future. We’ve represented many Texans who are dealing with the fallout of a drunk driving charge, and one of the first questions we’re often asked is how long the offense will remain on their record.
In Texas, a DWI can have long-lasting consequences that go far beyond fines, jail time, or license suspension.
Understanding the legal and practical impact of a DWI record is a critical part of building a strong criminal defense.
The moment someone is arrested for driving while intoxicated, a paper trail begins—and it’s not something that automatically disappears. The long-term effects depend on how the case is resolved, the person’s prior record, and whether legal options like expungement or nondisclosure are available.
We take these matters seriously, and we believe that every client deserves a second chance. Let’s take a closer look at how DWI records work in Texas and what can be done about them.
A DWI Arrest Creates a Permanent Record
When someone is arrested for DWI in Texas, it creates a criminal record even before they’re convicted. This record includes the arrest report, booking information, and any court appearances. Even if charges are dropped or the case is dismissed, the arrest itself remains part of public records unless specific legal steps are taken to remove it.
This is one of the reasons we advise our clients to speak with a criminal defense attorney as soon as possible after an arrest.
Early intervention allows us to gather critical facts, raise legal challenges, and potentially avoid a conviction altogether. If we’re successful in getting a dismissal or acquittal, we can then discuss options to seal or expunge the record.
Unfortunately, many people believe that if they’re not convicted, the record won’t matter. That’s not true in Texas.
Background checks for jobs, housing, professional licenses, and school admissions often reveal arrests—even those that didn’t result in a guilty verdict. A strong criminal defense is about more than just avoiding punishment; it’s about protecting a person’s future.
A DWI Conviction Can Follow You for Life
If a person is convicted of DWI, the consequences can be even more permanent. Texas does not automatically remove convictions from someone’s record after a certain period. That means a DWI conviction can follow someone for the rest of their life unless specific legal remedies are available.
We often hear from clients who were convicted years ago and are now facing job denials or other setbacks because of that record. In Texas, a DWI conviction cannot be expunged, but under certain circumstances, it may be eligible for a nondisclosure order, which seals it from public view.
However, not all cases qualify, and the legal process to obtain this relief requires careful review and preparation.
As criminal defense lawyers, our job is to help clients understand their rights and their options. We always look for opportunities to minimize the impact of a DWI and to explore any available relief under Texas law.
First-Time DWI Offenses and Nondisclosure
In 2017, Texas lawmakers made an important change that affects how first-time DWI convictions are treated. Under House Bill 3016, certain first-time DWI offenders may be eligible for an order of nondisclosure after a waiting period. This means the record is not erased, but it becomes sealed from most employers, landlords, and the public.
To qualify, the DWI must have involved a blood alcohol concentration below 0.15, the person must not have had any prior criminal convictions (other than traffic tickets), and the sentence must have been fully served—including any probation. Additionally, there must not have been an accident involving another person.
We often work with clients who qualify for nondisclosure but aren’t sure how to begin. We handle the filing of petitions, court appearances, and communication with the district attorney’s office.
In criminal defense work, this type of relief can make a major difference in someone’s life, particularly when it comes to employment or professional advancement.
Repeat DWI Offenses Make a Difference
When someone has more than one DWI on their record, the consequences become more severe. Not only do the legal penalties increase—such as longer license suspensions and mandatory jail time—but the impact on their criminal record deepens.
Multiple DWI convictions are rarely eligible for nondisclosure, and each conviction adds another layer of difficulty when it comes to background checks. From a criminal defense perspective, repeat offenses require a different legal strategy.
We analyze:
Whether the prior convictions were valid
Whether procedural rights were respected
Whether any of the charges can be challenged based on constitutional grounds
The longer a DWI stays on the record, the more it may influence how prosecutors, judges, and employers view a person. That’s why we work to reduce the charge or avoid a conviction entirely when possible—especially for those who already have one DWI on their record.
The Impact on Driving Records and Licenses
A DWI affects not only a person’s criminal record but also their driving history. In Texas, the Department of Public Safety maintains a separate record of driving-related offenses, including DWI arrests, refusals to take a breath test, and license suspensions.
Even if a person is acquitted of the criminal charge, they may still face administrative penalties through the Texas Administrative License Revocation (ALR) process. This can result in a suspended license and fees for reinstatement.
These entries stay on a person’s driving record and can influence insurance premiums and commercial driver eligibility.
As part of our criminal defense services, we attend ALR hearings, challenge evidence, and seek to protect our clients’ ability to drive. For many, a valid license is necessary to keep a job, support a family, or complete education. That’s why these administrative records are just as important as the court file.
Expunction and Its Limitations
Expunction is the process of completely removing a criminal record so that it no longer appears in any background check. In Texas, expunction is available only in limited circumstances, such as when a DWI arrest does not lead to a charge, the case is dismissed, or the person is found not guilty.
We review every client’s record carefully to determine whether expunction is possible. When it is, we guide them through the process and represent them in court. This is a powerful tool in criminal defense, but it’s not available to those who receive a conviction or even deferred adjudication for DWI.
Because of these limitations, we always aim to resolve cases in a way that keeps the door open for expunction or nondisclosure in the future. A plea deal that seems reasonable at the time may create lasting damage to someone’s record unless these options are considered from the start.
The Importance of Fighting the First DWI
Many people assume that a first DWI isn’t worth fighting because the penalties seem minor. But what they may not realize is that a conviction creates a lasting criminal record that can’t be erased. We always encourage clients to challenge the charges, even if it’s their first offense.
A successful criminal defense can prevent a conviction, preserve eligibility for future expunction or nondisclosure, and avoid the long-term consequences of a permanent mark on one’s record. Every case deserves to be fully evaluated—no matter how straightforward it may seem.
We investigate whether the traffic stop was legal, whether the breath or blood test was administered properly, and whether field sobriety tests were conducted fairly. In many cases, we find flaws in the prosecution’s case that lead to reduced charges or even dismissal.
What Employers and Background Checks See
One of the most frequent concerns we hear from clients is how a DWI will affect their ability to work. Employers often conduct background checks, and in Texas, a DWI record can appear for decades unless it’s sealed or expunged.
Certain industries—like transportation, healthcare, and education—may have strict policies against hiring individuals with DWI convictions.
We help clients understand what will show up on their record and how to respond to job applications honestly and strategically. While we can’t change the past, we can help build a future by pursuing legal remedies and advising clients on how to present themselves moving forward.
A thoughtful criminal defense takes into account more than just court dates. It considers what happens after the case is over and how to give someone the best shot at rebuilding their life.
Moving Forward After a DWI Arrest
At McDougal Law Firm, we approach every DWI case with care, preparation, and a commitment to helping our clients move forward. We’re proud to serve Richmond, Texas, and the surrounding areas. Call today.
