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, either.
If you’ve been charged with a DWI, you should contact an experienced attorney immediately—a charge does not always lead to a conviction, especially if you have the backing of a skilled lawyer. If you’ve already been convicted of a DWI, the best thing you can do is to educate yourself on what to expect over the next few weeks, months, and years.
Many people with DWIs have gone on to turn their lives around, build successful careers, and find happiness. However, you need to be realistic about the consequences, penalties, and difficulties you may face along the way.
What we’ll cover here
- Legal Consequences of DWI in Texas
- What Are the Collateral Consequences for a DWI in Texas?
- How Will a DWI Charge Affect My Criminal Record and Background Checks?
- How Will a DWI Charge Affect My Job Search and Career Opportunities?
- Can a DWI Prevent Me from Joining the Military?
- What About DWI Affecting My Travel Abilities?
- How Will a DWI Offense Affect My Car Insurance Rates?
- So, Is My Life Over After DWI / DUI?
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 penalties.
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 either $3,000, $4,500, or $6,000—assessed upon sentencing.
What Are the Collateral Consequences for a DWI in Texas?
Getting arrested for a DWI is embarrassing, and it often leads to a loss of reputation and rapport among friends, neighbors, and colleagues. But the collateral consequences of a DWI go beyond social implications.
A DWI conviction can make it difficult to find a job, get 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 Charge Affect My Criminal Record and Background Checks?
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 cast you in a negative light. As a result, you may be deemed less favorable to employ than an applicant with a clean record. Similarly, a criminal record can hurt your ability to get 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 when it comes to DWIs, and convictions can trigger an investigation and disciplinary procedure. Additionally, a DWI—which shows up 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
Unfortunately, even if a DWI does not bar you from applying for a position, potential employers are more likely to hire an applicant with a clean record over someone with DWI charges.
Can a DWI Prevent Me from Joining the Military?
A DWI will not automatically bar you from joining the military, but it will complicate enlistment. 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) 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.
To increase your chances of success, you’ll need to show that you were respectful throughout the court proceedings and that you have paid all the relevant fees and fines, completed your sentence—including driver’s license suspension—and served probation (if applicable).
Enlistment with the military is more likely if you have a clean record—if you haven’t been convicted, seek representation from a DWI attorney and start building a strong defense case.
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 cannot leave the state of Texas without permission from the authorities. Additionally, some bond conditions will restrict your travel. If you need to travel, but you are on bail, parole, or probation, make sure you speak to your DWI defense attorney and the authorities to agree on the terms first.
Some foreign countries will not allow a person with a DWI conviction to enter.
- 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 will result in a hike in car insurance rates. 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 probably won’t be eligible for a good driver discount for several years after.
The best way to avoid a higher car insurance premium is to not get a DWI conviction.
So, Is My Life Over After DWI / DUI?
A DWI does not mean that your life is over, but a conviction does come with serious consequences that you need to be prepared for.
A DWI on your record can make it more difficult to find a job, secure a loan, and rent a property. It will likely result in you losing your driver’s license, too, restricting your ability to travel to and from work.
If you have been arrested for a DWI, it’s vital that you contact a DWI lawyer as soon as possible. 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.
Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.
Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.