Arrested on a DWI charge in Texas? Under HB 3016, passed in 2017 and goes into effect September 1, 2017, your DWI arrest may be eligible for a DWI Non-Disclosure if your case meets the criteria. Note: this law applies to previous DWI convictions.
About us: Our criminal defense attorneys are experienced DWI lawyers and former prosecutors who have tried over 100 DWI trials. We strive to provide our clients with a strategic and tailored defense for their DWI charge.
TEXAS DWI NON-DISCLOSURE LAW | DWI LAWYER
HOW TO GET A DWI NON-DISCLOSED?
Unlike most criminal offenses (including most felonies), the biggest problem until 2017 with being arrested for a first-time DWI is that if you are convicted, it remains on your permanent record forever (before 2017, you could never get a DWI Non-Disclosure). There is no way to get the case dismissed or sealed even if you successfully complete probation. Anytime an employer does a background check, it shows up and may cost you the chance at a great job.
Until now, Texas is finally allowing first-time low level DWI offenders get their records sealed (DWI non-disclosure). The law is retroactive, so even if you have been convicted of a DWI prior to 2017, you may still be eligible for a non-disclosure.
Here is what is required for a DWI Non-Disclosure:
- Never been convicted or placed on community supervision for an offense other than a ticket punishable by fine only (before or after your DWI arrest);
- Specific Case Criteria:
- DWI arrest does not involve a motor vehicle accident involving another person, including a passenger; and
- Your Blood alcohol concentration (BAC) has to be below a 0.15 (the law does not apply to Class A Misdemeanors or Felonies);
- You have to have successfully completed the terms and conditions of your sentence (i.e. successfully completed community supervision and/or any imposed jail sentences).
Waiting Period (2, 3 or 5 years):
If you meet that above criteria, then here is the waiting periods for a DWI Non-Disclosure:
- 2 years after you successfully complete community supervision (probation) if you had an interlock device installed on your vehicle for at least 6 months during the period following your DWI arrest;
- 3 years, if you completed the jail sentence imposed as a result of a conviction (including any fines or court costs), or
- 5 years if you did not have an interlock device installed for at least 6 months during the time period following your DWI arrest (regardless of whether you successfully completed probation or a jail sentence).
If you have questions or need help with a DWI Non-Disclosure or DWI arrest, call us at 817-334-7900.
About Us: Hoeller McLaughlin PLLC represents DWI clients throughout the DFW area. We have offices in Fort Worth and Colleyville, Texas. Our DWI lawyers are all experienced former Tarrant County prosecutors with vast experience in DWI trials (we have tried over 100 DWI trials) and plea bargain negotiations (we have successfully negotiated thousands of DWI cases).