How Might You Avoid a Permanent Record of DWI in Texas?
If you’ve been charged with DWI or driving while intoxicated, you’re probably worried about the consequences of a permanent record of a DWI conviction. In this video, Attorney Nathan Wood talks about how you might avoid a permanent record of DWI in Texas. Mr. Wood has many years of experiences in DWI law and criminal law as both a prosecutor and a defense attorney. He’s now serving as an Assistant District Attorney in College Station.
If you’d like to talk with our DWI-experienced attorneys. please call us at 800-929-1725.
A Summary of How You Might Avoid a Permanent Record of DWI
A lot of people have misunderstood or misread many of the Texas provisions about expunctions and non-disclosures and especially how those things relate to a DWI. Many people are very concerned after a DWI arrest. How do I avoid a permanent record of DWI?
A DWI Conviction Will Leave a Permanent Record of DWI
The answer is that you have to beat that DWI or work out some way to avoid a final conviction, because a conviction, whether it’s by judge or jury for DWI will leave a permanent record. It’s not something that goes away after 7 years or 10 years or 15 years. It’s there forever.
Probation will not help you avoid a permanent record. Even a DWI probation, while it might help to avoid a driver’s license suspension will result in a permanent record of your conviction for DWI. That’s why it’s important to consult with a lawyer, especially a DWI specialist, before you ever enter any plea of guilty in court.
Deferred Adjudication Is Not Available for DWI
Some people ask about deferred adjudication, because in general, deferred adjudication is a way to plead guilty to a criminal offense, to perform probation, and then to have the case dismissed at the successful completion of your probation. But it’s 2016 right now, and deferred adjudication probation is not available for DWI. The only way to avoid having a DWI conviction on your record forever is to simply avoid the DWI conviction.
Some Texas Counties Have Pre-Trial Diversion for DWI
After you’ve been arrested, the only ways that you can do that are through a number of different programs that may or may not be available. Some counties offer a Pre Trial Diversion program for DWI. A Pre Trial Diversion is a way for the court to supervise you for a period of time, and as long as you successfully complete the terms and conditions that are provided by the court, then at the end of that period, the case will be dismissed. That’s one way to get a case dismissed. Not every jurisdiction, though, offers Pre Trial Diversion for DWI.
Your Only Option to Avoid a Permanent Record for DWI Might Be in Court
Sometimes the only way to beat a DWI is to fight it in court. If you can work out a plea to a non-DWI offense, sometimes that’s the best way to resolve your case. It results in a conviction or a deferred adjudication on some other offense but you can avoid some of the other consequences that come along with a DWI.
Another option is to fight your case at trial. This can be expensive, it can be time consuming and it can be stressful. But if you are urgently needing to avoid the consequences of that DWI, it may be your only option.
You Need a Lawyer Experienced in DWI Law
You want to make sure that you have an experienced lawyer representing you. Whether it’s your first offense or whether it’s your fifth, you want to make sure that you have a lawyer representing you who understands the complexities of DWI law and understands the substantive and procedural laws of our criminal justice system. Whichever is the case for you, I wish you good luck.
Mr. Wood has done some other informational videos on Texas DWI law. Those are:
- Texas DWI Law Overview
- Texas DWI Administrative Hearing
- Driver’s License Suspension for DWI in Texas
- Texas DWI Expunction & Nondisclosure