It used to be in Texas that if you had a DWI that was beyond ten years old, that conviction could not be used against you in your current case to ratchet up the punishment. But years ago, Texas changed that law so if you had an older DWI conviction whether it was ten, twenty–even thirty years ago, it can be used to make the punishment for your present DWI conviction much more harsh. It can even change the grade of your current DWI offense to which you are presently being prosecuted.
You may have multiple DWI convictions because you may just be unlucky. After all, with increased efforts by law enforcement to deter drunk driving, it really doesn’t take much to get arrested. As a criminal defense lawyer in Houston who is also a DWI Specialist by the National College for DUI Defense, I understand this all too clearly.
But if you have an issue with alcoholism, then we need to help you address that. If we don’t first address your drinking problem, then you are more likely to come back with another DWI. And neither we (as a community) nor the courts want that because we all drive the same streets you do.
So, as a responsible citizen and a law firm that cares about our clients welfare, we try to get our clients the help they need to address all the issues we can that caused their DWI arrests and help both legally and become a better member of our community.
While the best outcome in a DWI case is a not guilty, you need to know that a DWI arrest record never goes away, unless you request an expunction of your record. An expunction allows the State of Texas to erase all the related DWI records to your case that were generated by the arrest. It’s like a legal time machine that brings your records back to the time before you were arrested making sure they are permanently and completely removed.
Texas DWI Arrest Records
How many records? Let’s say a police officer in the City of Houston arrests you, the City will have a record that they will file with the Police Department. The Sheriff’s Office will have one when you are jailed and the Clerk’s office will have one when your case is filed. The District Attorney’s Office will have another record when they prosecute your case and, finally, the Texas Department of Public Safety will have one in relation to your driver’s license and criminal history.
Without Non-Disclosure or Expunction, a future employer can conduct a background search and those records can be discovered and cause you a great deal of embarrassment or, worse, a lost job opportunity. A criminal defense attorney who is a DWI Specialist knows how to correctly and thoroughly file for for a non-disclosure or an expunction and bring your criminal history back to where it was before your arrest.