Getting arrested and charged with a DWI is a stressful event that can cause even the calmest person to become anxious about their future. A DWI is no walk in the park—quite the opposite—but it does not mean your life is over.
However, you need to be realistic about the consequences, penalties, and difficulties you may face along the way.
Legal Consequences of DWI in Texas
The Texas Penal Code §49.04 categorizes first-time DWIs as Class B misdemeanors—providing there are no aggravating factors. Previous convictions, a BAC level higher than 0.15, and other aggravating factors will enhance the charges and be met with more severe consequences.
At Michael & Associates, our clients rarely receive the full penalties associated with a DWI. If you are facing DWI charges, it’s essential that you hire an experienced attorney as soon as possible to ensure you do not get the worst-case outcomes.
The penalties for a DWI in Texas increase in severity with each conviction.
For a first-time DWI conviction, the consequences include:
- Up to a $2,000 fine
- Between 3 and 180 days in jail
- Loss of your driver’s license for up to 1 year
For a second DWI conviction, the following consequences can apply:
- Up to a $4,000 fine
- Between 1 and 12 months in jail
- Loss of your driver’s license for up to 2 years
Third-time DWI offenses are categorized as third-degree felonies. Felony convictions result in significantly harsher penalties, including:
- Between 2 and 10 years in prison
- A fine of up to $10,000
- Loss of your driver’s license for up to 2 years
It is possible to receive both a fine and jail time. Additionally, the above penalties do not include a possible state fine, which can be assessed at $3,000, $4,500, or $6,000 upon sentencing.
What Are the Collateral Consequences for a DWI in Texas?
A DWI arrest is embarrassing and can hurt your reputation and social standing. But the collateral consequences of a DWI go beyond social implications.
A DWI conviction can make it challenging to find employment, secure a loan, or even rent an apartment. In some cases, DWIs can entirely close the door on some career options where a clean record is required.
How Will a DWI Affect My Criminal Record?
A DWI charge will remain on your record and show up every time someone runs a background check on you. The only exception is if you have the charge expunged—though this is only possible if the charge did not lead to a conviction.
When applying for a new job, an employer will probably run a background check on you. A criminal record, especially DWI charges, can hurt their first impression, particularly if the role requires driving. An applicant with a clean record will often have an advantage.
Similarly, a criminal record can negatively impact your ability to obtain a loan and secure housing.
Background checks are routine in the following circumstances:
- When applying for credit
- When renting a property
- When applying for college
- When applying for a job
How Will a DWI Charge Affect My Job Search and Career Opportunities?
Some employers have a zero-tolerance policy regarding DWIs, and convictions can trigger an investigation and disciplinary action. Additionally, a DWI — which appears on background checks — will make it more difficult to find a job.
A DWI will make it particularly difficult, if not impossible, to get into the following careers:
- Professions that require a commercial driver’s license
- Teaching
- Medical profession
- Federal government positions
- Law enforcement
Can a DWI Prevent Me from Joining the Military?
A DWI will not automatically disqualify you from joining the military, but it will complicate the enlistment process. Two or more convictions will make the process more difficult, but still not impossible.
According to the Department of Defense rules, one DWI conviction may be overlooked—depending on how you meet the rest of the eligibility requirements. Aside from your criminal record, a recruiting officer will consider the following:
- Level of education
- Armed Forces Vocational Aptitude Battery (ASVAB) test score
- References (from employers, school officials, and law enforcement officers)
- Community involvement and activities
The recruiting officer will look into the circumstances of your arrest and conviction. They’ll want to know how, why, when, and where the offense took place, and how you conducted yourself throughout the legal proceedings.
What About DWI Affecting My Travel Abilities?
A DWI can impact your ability to travel outside of Texas.
If you are on parole or probation, you are required to obtain permission from the authorities before leaving the state of Texas. Additionally, some bond conditions will restrict your travel. If you need to travel while on bail, parole, or probation, ensure you consult with your DWI defense attorney and the authorities to agree on the terms beforehand.
Some foreign countries prohibit individuals with a DWI conviction from entering.
- A DWI can bar you from entering Canada, even as a visitor
- A DWI that resulted in serious injury or death in the last 10 years can deem you inadmissible to Mexico
- Some Middle Eastern and Asian countries will not allow you to enter if you have a DWI on your record
How Will a DWI Offense Affect My Car Insurance Rates?
A DWI conviction can result in a significant increase in car insurance premiums. When you are involved in a DWI incident, insurance companies will see you as a high-risk driver, even if it was a one-time mistake.
According to Forbes, the average insurance rate for drivers in Texas rises by 52% after a DWI. Unfortunately, this surcharge remains in place for another 3 to 5 years, and you likely won’t be eligible for a good driver discount for several years after that.
The best way to avoid a higher car insurance premium is not to get a DWI conviction. Contact an experienced lawyer for help.
So, Is My Life Over After DWI / DUI?
Your life is not over after a DWI. However, a conviction does come with serious consequences, and you need to be prepared.
To minimize the long-term consequences, talk to a lawyer as soon as possible after your arrest. With the help of an experienced DWI attorney, it may be possible to have your DWI charges reduced or even dropped.
At Michael & Associates, we have over 50 years of experience in fighting DWIs. Don’t leave your future up to chance—book a free case review with Michael & Associates today.
