How Long Does a DUI Stay on Your Record in Texas?
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Criminal record — permanent without relief
A DWI conviction creates a permanent criminal record entry. The record appears in: Texas DPS Computerized Criminal History (CCH); FBI Interstate Identification Index (III); county court records; and commercial background check databases. Without relief, the record is permanent. Three potential paths to relief: (1) Expunction under CCP Chapter 55 — available only if the case was dismissed, you were acquitted, or specific deferred adjudication completion (DWI deferred adjudication is generally not eligible for expunction). (2) Order of Nondisclosure under Government Code § 411.0735 — DWI was specifically excluded from nondisclosure eligibility until 2017 HB 3016, which created limited nondisclosure for first-time DWI with BAC under 0.15. (3) Pardon — discretionary executive action; rare for DWI.
Driving record — Texas DPS 35-year retention
Texas DPS maintains driving records under Transportation Code § 521.046. DWI convictions remain on the driving record permanently for licensing purposes. Texas DPS Motor Vehicle Reports (MVR) typically show 5-10 years of driving history for insurance/employment purposes, but the full record is retained internally for 35 years. The DWI affects: license suspension periods; future license renewal eligibility; commercial driver's license (CDL) status — a single CDL DWI is a lifetime disqualification under Transportation Code § 522.081; insurance rates; reinstatement requirements for future revocations.
Insurance — 3-10 year impact
Insurance companies use DWI convictions to set rates and determine coverage. Typical impact: 3-5 years — most insurance companies surcharge rates for at least 3 years after DWI; some up to 5 years. SR-22 requirement — Texas requires SR-22 (proof of financial responsibility) for 2 years following DWI conviction under Transportation Code § 601.231. 10 years — some insurers consider DWI when setting rates for up to 10 years. Lifetime — for major liability insurance and commercial policies, DWI may be a permanent consideration. Insurance impact varies significantly by company; comparison shopping after a DWI typically reveals 200-300% rate increases initially, declining over time.
Employment background checks
Most employment background checks show DWI convictions indefinitely under FCRA — convictions have no time limit for most positions paying $75,000+. Common employment impacts: commercial driving (CDL) positions — DWI disqualifies; healthcare positions — DWI may trigger licensing board review; teaching — DWI on background check may affect certification; federal employment — security clearance review considers DWI; positions requiring driving — most employers consider DWI; financial roles — DWI may indicate risk to bonding. Disclosure of DWI on job applications is generally required when asked; lying about it is grounds for termination.
Other DWI consequences worth knowing
Several other DWI consequences extend beyond records. Texas Driver Responsibility Program surcharge — historically required $1,000-$2,000/year for 3 years; abolished in 2019 (HB 2048) but pre-2019 surcharges may still be owed. License reinstatement fees — $125 base reinstatement after DWI suspension under Transportation Code § 521.313. Ignition interlock device — required for DWI conviction with BAC ≥ 0.15 (mandatory) or judge's discretion otherwise; typically 1-2 years on probation. Insurance coverage exclusions — some policies exclude coverage for incidents while intoxicated. International travel — Canada specifically denies entry to people with DWI on record (considered "felony equivalent" under Canadian immigration law).
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
How long does a Texas DWI stay on your criminal record?
Permanently unless expunged or sealed. Expunction is only available if the case was dismissed, you were acquitted, or specific deferred adjudication completion. DWI was largely excluded from order of nondisclosure (sealing) eligibility until 2017 HB 3016 created limited eligibility for first-time DWI with BAC under 0.15.
How long does a DWI stay on your Texas driving record?
Permanently for licensing purposes under Transportation Code § 521.046. Texas DPS retains full driving history for 35 years internally. Motor Vehicle Reports typically show 5-10 years of driving history for insurance/employment, but the underlying record is retained longer.
Can I get a Texas DWI expunged?
Generally only if the case was dismissed, you were acquitted at trial, or under very specific circumstances. DWI conviction or deferred adjudication is generally not expunction-eligible. Limited order of nondisclosure available for first-time DWI with BAC under 0.15 under HB 3016 (2017).
Does a DWI affect commercial drivers (CDL) in Texas?
Yes — a single CDL DWI is a 1-year disqualification; second CDL DWI is a lifetime disqualification under Transportation Code § 522.081. DWI in a personal vehicle also affects CDL eligibility. Commercial drivers face stricter standards than personal drivers.
How long do insurance companies hold DWI against you?
Typically 3-5 years for most companies; some up to 10 years. Texas requires SR-22 for 2 years following DWI conviction under Transportation Code § 601.231. Rate increases are typically 200-300% initially, declining over time as the offense ages.
