Employment Concerns in Texas: Will a DUI Show on Background Check for Jobs?

Short answer: yes, a Texas DWI conviction will usually appear on most employer, rental, and professional background checks, and a recent arrest or pending DWI case can show up too depending on the type of search. What shows today versus later depends on whether your case is pending, dismissed, convicted, expunged, or sealed, and on whether the screener is pulling county criminal records, a statewide database, or a commercial consumer report. If you are asking will DUI show on background check in Texas, the safe assumption is that a conviction will be visible unless you qualify for record relief.

If you are a Houston construction manager or crew lead worried about your next job site onboarding, you are not alone. Many Harris County workers find out about background checks only when a job, apartment, or license is on the line. This guide explains what different checks see, how Texas treats arrests versus convictions, and what practical steps you can take this week to lower the risk.

Quick answer for working Texans: will DUI show on background check in Texas?

• Pending arrest or charge: Often visible in county criminal searches and some commercial reports until dismissed or resolved. If your case is still open, assume it can be found.
• Conviction for DWI: Almost always visible on criminal background checks used by employers, landlords, and licensing boards. Consumer reporting agencies can report convictions without a 7 year limit.
• Dismissed or not guilty: A dismissal can still show as a public court record unless you pursue expunction or an order of nondisclosure where eligible.
• Expunged: If the record is expunged, it is removed from public repositories and you can usually treat the arrest as if it never happened, with narrow exceptions set by law.
• Sealed by nondisclosure: A nondisclosure order hides the record from public and most private background checks, but certain agencies and licensing boards can still see it.

You have a lot at stake. If you manage crews, drive company trucks, or need gate access at industrial sites, even a pending charge can create headaches with jobsite security and insurance.

Arrest versus conviction, in plain English

An arrest is the accusation stage. It means you were taken into custody or formally charged, not that you were found guilty. A conviction means you were found guilty or pled guilty or no contest, and the court entered a judgment against you. Texas background reports treat these differently. Many employers and landlords focus on convictions, but commercial reports can also show recent arrests and pending cases unless state or federal rules limit them. For more definitions in one place, see our firm’s definitions and FAQ on arrests, convictions, and records.

If you are Mike, a Houston-area construction manager with a first DWI from last weekend, HR might see a pending misdemeanor case even before any conviction. If your case is later dismissed and expunged, that same search should no longer show the arrest.

Types of background checks in Texas and what they usually show

Not all background checks are the same. Knowing which type you are facing is half the battle.

1) County criminal record searches

These pull records from county courts in places like Harris County, Montgomery County, Fort Bend County, and Galveston County. They commonly show arrests, case filings, and dispositions for misdemeanors and felonies, including DWI. If your DWI happened here, a Harris County search is often the first stop for an employer or landlord.

2) Texas statewide repositories

The Texas Department of Public Safety maintains a statewide index of arrests and dispositions reported by agencies across the state. When your case is reported and matched to your fingerprints, it can appear in DPS’s computerized criminal history systems. Employers that contract with screening vendors often include this statewide pull.

3) National database aggregates

Some screeners use multi-jurisdictional databases that collect court and incarceration data from many states. These are only as accurate as their updates, so they can miss recent changes or dismissals. Positive hits usually trigger a manual county-level verification, which can slow hiring if your DWI is still pending.

4) Commercial employer consumer reports

Most medium and large employers rely on a consumer reporting agency under the federal Fair Credit Reporting Act. In Texas, these reports can usually include convictions without any time limit, while most types of non-conviction information are subject to a seven year reporting limit unless an exception applies. For a plain-language primer, review the Texas State Law Library on background‑check restrictions.

What this means for you: if your DWI is a conviction, an employer report can usually show it indefinitely. If the case is dismissed and not expunged, some reports may still show the arrest or filing for up to seven years, depending on the facts and the report type.

5) Industry and employer specific screens

Oil and gas sites, refinery contractors, and transportation companies around Houston often add motor vehicle record checks, DOT queries, or site badge reviews. A DWI conviction can trigger fleet policy issues or disqualify CDL roles for a defined period. Even non-driving roles sometimes require a clean badge check to access certain plants.

6) Professional licensing checks

Texas licensing boards for nurses, engineers, teachers, and other professions run enhanced checks. They often ask you to disclose arrests and convictions, and they can see records that ordinary private background companies cannot, especially if your record is sealed by nondisclosure rather than expunged. Honesty and timely disclosure are critical.

7) Tenant screening reports

Houston landlords and property managers may use criminal history screens along with credit. DWI convictions often appear, and even pending cases can flag the application until there is a disposition. If you are applying for a new lease near a job site, expect questions if something pings.

Houston Texas job checks for DWI: what you are likely to experience

Here is a quick, realistic picture from the Houston area. Mike is a mid 30s construction manager with a Harris County DWI arrest on a Saturday. On Monday, he accepts a supervisor role at an industrial project that requires a background check and a TWIC style badge for site access. By Thursday, the vendor reports a pending misdemeanor DWI case tied to his date of arrest. HR pauses onboarding. Two months later the case is dismissed after a legal challenge to the stop. The dismissal is visible in county records, but the commercial database still shows a “pending” flag until it refreshes. Mike requests record updates and pursues expunction when he becomes eligible. The next time he applies, the arrest no longer appears on public or most private checks.

This story is common. The key takeaway is that timing and follow through matter. If you let a dismissal sit without expunction or do not push corrections to stale databases, you can keep tripping the same wire.

Risk levels at a glance: DWI on employment background check Texas

• Higher risk: Recent DWI conviction within the last few years, CDL or safety sensitive duties, or any felony DWI. Expect employer visibility and possible job restrictions.
• Medium risk: Pending DWI case with an upcoming court date. Many screeners will show open cases, which can delay onboarding or licensing.
• Lower risk: Case dismissed and expunged, or sealed by nondisclosure where allowed. Most private screeners will not see expunged records and should not report sealed records, but certain agencies can still view sealed files.

Common misconception: people often think a first DWI will “fall off” after seven years. In Texas, a conviction can be reported indefinitely on most employment background checks. The seven year limit usually applies to non-convictions in consumer reports. Do not wait for a clock to run out if you qualify for relief.

Timing and deadlines: what shows now versus later

If your arrest is recent, you may have two immediate tracks to manage: the criminal case and your driver’s license. Texas has an Administrative License Revocation process with a short deadline. You typically have 15 days from receiving the notice of suspension to request a hearing. Missing that window can lead to an automatic suspension, often 90 to 180 days for a first arrest depending on refusal or test results. For step by step guidance, see how to request an ALR hearing and key suspension deadlines.

How long a DWI shows up depends on the type of check. A conviction will be visible to most employment and tenant screens for years, often indefinitely. Dismissals can appear until databases refresh or until you get the court to expunge or seal the record where eligible. For a deeper dive into timelines, here is our blog post on the timeline for when a DWI appears and fades.

Expunged vs sealed DWI and checks: what changes and what does not

Expunction is the gold standard for clearing an arrest. If you are acquitted or your case is dismissed in qualifying circumstances, expunction removes the record from public court and law enforcement databases and requires private companies to delete it once notified. You can usually deny the arrest except in limited situations defined by statute.

Nondisclosure, also called sealing, is different. For some first time DWIs that meet strict conditions, a nondisclosure order can hide the record from the general public and from most private background companies, but certain government agencies and licensing boards retain access. That is why a sealed DWI may still be visible to a nursing board or school district, even if it does not show on a landlord’s screen.

Eligibility and timing are fact specific, so treat online charts as general guidance, not legal advice. The Texas State Law Library maintains a helpful primer on relief options: see the Texas State Law Library guide to expunctions and nondisclosure. For an on point walkthrough that focuses on DWI and how sealing or expunction changes what employers see, read our post on how expungement and sealing affect background checks.

Three practical next steps if you want to protect your job

1. Pull what others will see. Order your Texas driving record and check county criminal dockets for your name, then request your own background from a reputable consumer reporting agency. Confirm your full legal name, date of birth, and disposition are correct. If you spot errors, use the agency’s dispute process in writing and keep proof.
2. Request your ALR hearing within 15 days. This protects your license while the criminal case unfolds. It can also preserve evidence, such as officer testimony and video, that later helps your defense. Instructions are here: how to request an ALR hearing and key suspension deadlines.
3. Pursue record relief when eligible. After a dismissal or a qualifying outcome, ask about expunction or nondisclosure. Relief changes what private screeners and landlords can report and reduces awkward HR conversations. The State Law Library primer is a good neutral resource, and our DWI focused overview explains the nuts and bolts of how expungement and sealing affect background checks.

You do not have to guess. A qualified Texas DWI lawyer can evaluate eligibility and handle filings so you do not miss key windows.

Special notes for different readers

Solution-Aware Professional: If you want the technical view, most employer reports are FCRA governed and rely on identifiers like full name and date of birth to match court data. Convictions can be reported indefinitely. Non-conviction events such as arrests and dismissed charges are generally limited to seven years on FCRA reports unless an exception applies. False positives often come from partial name matches or stale multi-jurisdictional databases. Ask the vendor to provide the source court and disposition date so you can correct errors quickly.

Problem-Aware Nurse (Elena): Licensing boards expect prompt disclosure and may see sealed records. Watch your 15 day ALR deadline and any board specific reporting windows. Proactive, accurate disclosure often matters more than the underlying class of misdemeanor when the board evaluates fitness and remediation.

Product-Aware Executive: Discretion matters. Focus on two tracks: outcome control in court and information control through lawful relief. Many reputation problems come from outdated online records, not from the final result. Plan in advance to notify major consumer reporting agencies once the case is expunged or sealed.

Most-Aware High-Net-Worth: Yes, certain DWI records can be sealed or removed in Texas when criteria are met. Sensitive handling is possible. The most durable results come from pairing the right case disposition with a timely expunction or nondisclosure and a structured notice process to private databases.

Unaware Young Professional: A single DWI can raise insurance costs, delay job starts, and block leases for years. Background checks matter before graduation and after. Learn the process now so you do not lose offers to technicalities and old data.

How different checks treat arrests, dismissals, and convictions

Type of check	Arrest or pending	Dismissed	Conviction
County criminal search	Usually visible	Visible until expunged, labeled dismissed	Visible with disposition details
Texas statewide repository	Usually visible once reported	Shows dismissal unless expunged	Visible, often fingerprint matched
Commercial employer report	Often visible, subject to FCRA limits	May appear up to seven years, then drop	Reportable without a time limit
Professional licensing board	Visible, disclosure usually required	Visible, even if sealed by nondisclosure	Visible, evaluated for fitness
Tenant screening	Often visible	May appear until databases refresh or relief is granted	Commonly visible to landlords

What employers care about with a DWI

• Safety and insurance: A recent DWI can impact eligibility for driving or safety sensitive roles. Carriers often look back three to five years for moving violations and convictions.
• Reliability: Missed work for court or license suspensions can worry supervisors. An ALR hearing request within 15 days protects your ability to get to the job site.
• Policy compliance: Many Houston contractors follow client site rules. A pending DWI might delay badge approvals until the case is resolved.

Criminal background reports DWI Texas: documentation to gather

• Copy of the citation or charging document and your next court date.
• Any temporary driving permit or ALR notice you received.
• Certified disposition if the case has been resolved.
• Proof of completion for education, treatment, or interlock periods if applicable.
• Written confirmations from consumer reporting agencies if you disputed errors.

Keeping these documents handy helps you answer HR questions directly and correct third party reports faster.

Frequently asked questions about will DUI show on background check in Texas

Will a DWI show on an employment background check for a Houston construction job?

Yes, most employer background checks used by Houston contractors will show a DWI conviction. Pending cases often appear in county searches and commercial reports, which can delay onboarding until the case is resolved.

How long does a Texas DWI stay on my record for background checks?

A DWI conviction can be reported indefinitely on many employment background checks in Texas. Non-conviction items like arrests and dismissed charges are generally limited to seven years on consumer reports, but court records can remain public unless expunged or sealed.

Can Houston landlords see a DWI on a tenant screening?

Yes, tenant screening companies often include criminal checks that show DWI convictions and sometimes pending charges. A dismissal may still appear until you pursue expunction or databases refresh.

If my case was dismissed, will it still show up?

Dismissals can continue to appear in public court records and in some private databases for a period of time. Expunction is the cleanest way to remove the arrest from public view, while nondisclosure seals certain records from most private checks.

Does a first DWI misdemeanor count as a conviction in Texas?

Yes, a guilty or no contest plea to a first DWI creates a criminal conviction unless the court outcome qualifies for relief and you later obtain sealing through nondisclosure. Expunction is typically for dismissals, acquittals, and certain other narrow scenarios.

Final guidance: why acting early matters in Harris County

Your first 15 days are critical. That is your usual window to save your license through the ALR process, and it is also when you can gather bodycam, dashcam, and breath testing records that affect the outcome. The sooner the case moves toward a dismissal or a qualifying resolution, the sooner you can seek expunction or nondisclosure and reduce what shows on employer and landlord screens.

Stay organized, meet every deadline, and get individualized advice from a qualified Texas DWI lawyer. You can protect your ability to work, drive, and support your family by taking precise, lawful steps at the right time.

Short video explainer: DWI records and background checks

If you prefer a quick overview that contrasts arrest versus conviction and explains what most checks see, this short Houston focused video will help.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
View on Google Maps

Is DUI Criminal or Civil in Texas? A Houston Driver’s Guide to DWI, ALR, and the Courts

Short answer: in Texas, a DUI-type drunk driving allegation is a criminal case. Most adults are charged with DWI under the Texas Penal Code, and that criminal case runs separately from a civil driver license process called Administrative License Revocation. If you were arrested in Houston, this means you face a criminal DWI in court plus a civil ALR timeline with fast deadlines. If you searched “is DUI criminal or civil in Texas,” the answer is criminal for the charge itself, with a separate civil license proceeding that can suspend your driving privileges.

For foundations in plain language, see this plain explanation of what a DWI is in Texas, then keep reading for how the courts and license rules actually work in Harris County and nearby counties.

Criminal vs. Civil at a Glance: What Texas Law Actually Says

Texas treats operating a motor vehicle while intoxicated as a criminal offense. The statute lives in the Texas Penal Code chapter on intoxication offenses. Adults are typically charged with DWI, not DUI. In Texas, “DUI” technically means DUI by a minor under the Alcoholic Beverage Code, while “DWI” is the adult criminal offense that most people mean when they say DUI. The key point for you: the charge that goes on your record is criminal.

At the same time, the Texas Department of Public Safety can open a civil case to suspend your driver license after an arrest, known as ALR. That civil process is not a conviction. It is about your driving privileges and runs on a short clock.

If you are a Houston construction manager like Mike who depends on getting to job sites at 6 a.m., this split matters. The criminal case can lead to fines, probation, or even jail. The civil ALR case can decide whether you can legally drive to the yard on Monday. You need to stay on top of both tracks from day one.

Which court handles your case in Houston and nearby counties

When people ask about the “Houston Texas DUI DWI court process,” they often mix up traffic tickets and criminal courts. Here is the basic map so you can picture where you will actually go after release from the jail.

• Municipal and Justice Courts: These lower courts handle Class C misdemeanors like routine traffic tickets. They also hear some alcohol-related Class C cases, including DUI by a minor and public intoxication. A DWI for an adult is not a routine traffic ticket and is not resolved here.
• County Criminal Courts at Law: In Harris County and many nearby counties, a first or second DWI is usually filed as a misdemeanor in a county criminal court. This is where you will make appearances, receive discovery, negotiate, file motions, and set trial.
• District Court: Felony DWI cases, such as a third DWI or a DWI with a child passenger, are filed in a district court. The procedures are more formal and the stakes are higher because prison time is possible.
• SOAH for ALR: The Administrative License Revocation hearing is held at the State Office of Administrative Hearings, not inside your criminal court. It is a separate civil proceeding about your license only.

If you want a quick primer on settings and outcomes across these courts, this post outlines what to expect in municipal, justice, and county courts so you can see how the pieces fit together in Texas.

Two tracks, two clocks: your criminal case and the ALR license case

Think of your situation as a two-lane road. In the criminal lane, the county or district attorney prosecutes the DWI. In the civil lane, DPS tries to suspend your driver license. These two lanes touch the same stop, the arrest, but they run to different destinations and operate on different clocks.

The criminal DWI lane

• Charge level: First-offense DWI is usually a Class B misdemeanor. A reported BAC of 0.15 or higher can be charged as Class A. Prior convictions or a child passenger can elevate the case to a felony.
• Potential penalties: For a Class B, the statutory range includes up to 180 days in jail, fines up to 2,000 dollars, a license suspension, court costs, probation, and conditions like classes or interlock. A Class A can carry up to one year in jail and higher fines, and a third-degree felony can carry 2 to 10 years in prison with a fine up to 10,000 dollars.
• Where you go: In Harris County, misdemeanor DWI appears in a County Criminal Court at Law. A felony DWI appears in a District Court.

The civil ALR lane

• What triggers it: A breath or blood test at or above 0.08, or a refusal to provide a specimen after the officer reads you the warnings.
• Deadline: You have 15 days from the date you receive the notice of suspension to request a hearing. Miss that deadline and the suspension usually starts automatically.
• Where it happens: The hearing is at the State Office of Administrative Hearings. The ALR judge does not decide guilt or innocence on the criminal DWI, only whether DPS can suspend your license under the civil rules.

You can find a detailed overview in the official Texas DPS overview of the ALR administrative license process, and here is a practical guide focused on the deadline and logistics, including how to request an ALR hearing and the 15‑day deadline. If you were arrested this week, start the clock today, mark the 15th day on your calendar, and treat that date as non-negotiable.

For a fast, plain checklist you can act on right now, use this step-by-step checklist to protect your license fast. It shows how to gather documents, preserve deadlines, and keep your work transport plan intact while the case begins.

Traffic ticket vs DWI in Texas: why it matters for your job and record

A common misconception is that drunk driving is just a serious traffic ticket. It is not. A speeding ticket is a Class C, usually handled in a municipal or JP court and can often be resolved with a short appearance or defensive driving. A Texas DWI is a criminal offense under the Penal Code and is prosecuted by the county or district attorney. That means arrest records, booking, bail, court settings, evidence, and the possibility of criminal penalties.

For you as a foreman, superintendent, or crew lead, the differences ripple across daily life. A criminal case can appear in employer background checks, affect professional licenses, restrict travel, and raise insurance premiums. A criminal conviction can be permanent and can trigger a separate license suspension even after you complete probation. The civil ALR process can suspend your ability to drive before your criminal case finishes, which is why early action is so important.

Micro-story: what this looks like for a Houston builder

Mike, a construction manager in Houston, is stopped after a late client dinner on a Thursday. He is arrested for DWI and released Friday afternoon. On Saturday morning he finds a temporary permit attached to his paperwork. He reads that he has 15 days to request a hearing. It hits him that his Monday start time at the Heights job site depends on keeping his license valid. He requests the ALR hearing within one week, then meets with a qualified Texas DWI lawyer to plan the criminal defense. The ALR case goes to SOAH. Discovery in the criminal case begins in a county criminal court. Two tracks, two calendars, one plan.

Houston Texas DUI DWI court process: step-by-step overview

Every case is different, but the flow below shows how a typical misdemeanor DWI moves through Harris County. This helps you look ahead and plan work, family, and license logistics.

1. Arrest and release. After the stop, field sobriety tests, and a breath or blood request, you are booked. You may bond out or be released on personal bond. Paperwork includes a temporary permit that starts the ALR timeline.
2. Arraignment or first setting. You appear in a County Criminal Court at Law. The judge confirms the charge and any conditions like ignition interlock.
3. Discovery. The state provides video, reports, test results, and other materials. The defense reviews the stop, the detention, the arrest, the breath or blood testing, and any medical or environmental factors.
4. ALR hearing. If requested within 15 days, you attend an administrative hearing at SOAH. The ruling determines whether DPS can suspend your license under civil standards. This is separate from guilt or innocence in the criminal case.
5. Pretrial and motions. The defense may file motions to suppress evidence, challenge probable cause or reasonable suspicion, or address discovery and lab issues.
6. Negotiation or trial setting. Many cases resolve by agreement after legal issues are addressed. Others set for trial. Your planning should cover both paths.
7. Trial and verdict. If you go to trial, the court or a jury decides the criminal charge only. The ALR result does not control the verdict, and a trial verdict does not automatically change the ALR result unless specific relief is pursued.
8. Sentencing and post-case driver license steps. A conviction can include probation terms, fines, classes, interlock, and a license suspension. You may seek an occupational driver license to maintain limited driving if needed.

Texas criminal vs civil drunk driving: penalties and collateral effects

Numbers help you plan. These ranges are common under Texas law, though local practice and individual facts matter.

• Class B DWI for a first offense, up to 180 days in jail, up to a 2,000 dollar fine, potential license suspension, and a possible minimum jail term if certain conditions apply.
• Class A DWI for reported BAC of 0.15 or higher, up to one year in jail and a fine up to 4,000 dollars. Judges may order an ignition interlock as a bond or probation condition.
• Felony DWI for a third DWI or DWI with a child passenger, exposure to 2 to 10 years in prison and up to a 10,000 dollar fine for a third-degree felony.
• ALR suspension windows can be 90 days to a year for a first failure and 180 days or more for a refusal, with longer periods for prior alcohol contacts. These ALR windows are civil and separate from any criminal suspension.
• Record impact can be long lasting. A DWI may be eligible for nondisclosure in certain scenarios after waiting periods, but many employers will see pending cases and convictions if you do not pursue sealing where allowed by law.

For an Ambivalent Young Adult who thinks a DWI is just like a ticket, consider costs beyond court. Insurance surcharges, interlock fees, time off work for court, towing and storage, and DPS reinstatement fees can add up to thousands over a year. A DWI is not a traffic ticket. It is a criminal case with real financial and professional consequences.

Key definitions that reduce confusion

• DWI: Driving while intoxicated under the Penal Code. This is the adult criminal charge.
• DUI by a minor: A separate offense for drivers under 21. Often handled in municipal or JP court. Adults are not charged with this offense.
• ALR: Administrative License Revocation. A civil process regarding your license handled by DPS and SOAH, with a strict 15 day window to request a hearing.
• Occupational Driver License: A limited license that can allow essential driving during a suspension if the court grants it.

Knowing these terms helps you keep your calendars straight and your work plans intact.

What evidence matters, and where: a brief technical nod for the Analytical Researcher

Analytical Researcher (Daniel/Ryan): You may want precise distinctions. In the ALR hearing, DPS must prove issues like reasonable suspicion for the stop, probable cause for arrest, and either a refusal or a test result at or above 0.08. The standard of proof is different from the criminal court. In the criminal case, the state must prove each element of DWI beyond a reasonable doubt. That includes the lawfulness of the stop and arrest, plus whether you lost the normal use of your mental or physical faculties or had a 0.08 or higher BAC at the time of driving. Breath machine maintenance, blood draw protocols, chain of custody, hematocrit and partition ratio assumptions, retrograde extrapolation, and video analysis all play different roles in each forum. A win in ALR does not guarantee a dismissal in criminal court, and a loss in ALR does not mean you are guilty in the criminal case.

Protecting your license quickly: practical steps for the first 7 days

Speed matters because the ALR deadline is 15 days from notice. Treat the first week like a job safety plan.

• Locate the temporary driving permit and the date on the suspension notice. Count 15 calendar days.
• Request the ALR hearing immediately and document the request confirmation.
• Secure your work schedule and transport plan. If your job requires fleet access, advise your supervisor that your license remains valid while the ALR hearing is pending, unless told otherwise by DPS.
• Preserve evidence. Save receipts, text messages, photos, or names of any witnesses from the evening in question, and note any medical conditions that can affect balance or breath testing.
• Consult a qualified Texas DWI lawyer to coordinate the criminal defense and the ALR hearing. One timeline should guide both tracks so you do not miss a deadline while preparing motions.

Secondary perspectives: tailored guidance for other readers

Ambivalent Young Adult (Tyler): A DWI is a criminal case with arrest records and potential jail exposure. Even a first offense can trigger thousands in costs over the next year. Do not treat it like a regular ticket.

Status-Focused Client (Sophia/Jason): Court dates are public, but there are ways to minimize exposure. Ask about bond conditions that avoid unnecessary devices at the office, and later, whether you may qualify for an order of nondisclosure after completing terms. Protect professional credentials by planning for background checks and annual renewals early.

High-Expectations VIP (Marcus/Chris): Technical defenses depend on data. Immediate steps include obtaining the full video, breath room logs, maintenance records, and blood lab documentation. If privacy is paramount, start with strategies that reduce appearances and keep filings succinct while preserving all rights.

Common misconceptions to avoid

• “If I win ALR, my criminal case is over.” False. The civil ALR result does not decide guilt or innocence. It only covers your license.
• “DWI is handled in traffic court.” False. Routine traffic tickets go to municipal or JP courts. Adult DWI goes to county or district criminal court.
• “I have plenty of time to request ALR.” False. You have 15 days from notice. Missing that window usually triggers an automatic suspension.
• “A first DWI cannot affect my career.” False. Background checks, travel, insurance, and licensing can all be affected.

If you are worried about work: focus on what you can control today

As a Practical Worrier facing a new DWI, control the controllables. Put the 15 day ALR deadline in your phone with reminders. Set a calendar for criminal court dates and plan around critical pours, inspections, and owner meetings. If your role involves driving a company truck, keep documentation showing that your license remains valid while the ALR is pending, and ask about alternate transport if needed. Organize your paperwork in one folder so nothing gets lost between sites.

FAQs, timelines, and odds: realistic expectations

No article can predict a specific outcome for a specific case. What it can do is give you the structure to make smart decisions. In Harris County, many first offenses resolve without trial after evidence is reviewed and procedural issues are addressed. Others go to trial or to motions hearings because the facts or the law warrant that path. Your plan should be built on evidence, deadlines, and your personal risk tolerance, not on rumors or pressure.

Top FAQs About is DUI criminal or civil in Texas

Is a DWI a criminal case in Texas or just a ticket?

A DWI is a criminal case in Texas, not a routine traffic ticket. It is prosecuted under the Penal Code and handled in county or district criminal court. The civil ALR process is separate and deals only with your license.

What is the deadline to request an ALR hearing after a Houston arrest?

You have 15 days from the date you receive the suspension notice to request an ALR hearing. If you miss that deadline, DPS usually starts the suspension automatically. Request the hearing as soon as you are released.

How long does a DWI stay on my record in Texas?

A criminal DWI can remain on your record indefinitely unless you qualify for and obtain limited relief like an order of nondisclosure in specific situations. Arrest and court records can also appear in background checks, which is why planning for record sealing options matters.

Which court will I go to in Harris County?

Most first or second DWIs are filed in a County Criminal Court at Law. Felony DWIs go to a District Court. ALR hearings are handled at SOAH, which is separate from criminal court.

Does winning or losing ALR decide my criminal case?

No. The ALR hearing affects only your driving privileges. Your criminal case outcome depends on the evidence and the law in the county or district court.

If you want a deeper dive in a conversational format, try this interactive Q&A about criminal vs. civil DUI issues in Texas. It pairs well with the statute and ALR resources linked above.

Why acting early matters, even if your court date is weeks away

The first two weeks set the tone. Requesting ALR within 15 days preserves your ability to drive while the case proceeds. Early preservation of video and records helps you challenge issues like the stop, the tests, and lab procedures. Planning your work schedule around known settings reduces stress. Quietly exploring nondisclosure options helps protect your professional reputation if your case later qualifies. Finally, contacting a qualified Texas DWI lawyer early lets you align the civil and criminal calendars so no deadline slips through the cracks.

Short video primer: DWI vs DUI in Texas and how the two-track process works

Prefer a quick explainer before you sift through paperwork? This short video defines the difference between DWI and DUI in Texas, confirms that DWI is a criminal offense, and explains how the ALR civil process fits in. It is a helpful reset if you are a Practical Worrier trying to calm down and focus on next steps.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
View on Google Maps

Do DUI Stay on Your Record in Texas for Life? Long-Term Impact of a Texas DWI

Short answer: a Texas DWI conviction generally stays on your criminal record for life, and there is no automatic falloff after a set number of years. Some outcomes can be cleared or sealed in limited situations, such as an expunction after a dismissal or acquittal, or a nondisclosure for certain first-time DWI misdemeanors if you meet strict requirements. If you are asking do DUI stay on your record in Texas, know that Texas uses the term DWI for adults, and the long-term record impact depends on the case result and what action you take early.

Texas overview: criminal record vs. driving record

Mike, this is the part most Houston drivers find confusing. You actually have two different records that matter. Your criminal record tracks the arrest, charge, and final outcome in court. Your driving record tracks license actions and traffic convictions with the Texas Department of Public Safety. A DWI conviction shows on both, while a dismissal with no conviction can still leave an arrest on your criminal history unless you pursue record relief.

• Criminal record: Arrest, charge, and disposition are searchable by many background check services. A DWI conviction is permanent unless a court later grants relief. Certain first-time DWI misdemeanors may be eligible for an order of nondisclosure, which seals the record from most public checks but not from law enforcement and many licensing agencies.
• Texas driving record: DPS entries include administrative license suspensions, refusals or failures of the breath or blood test, and any DWI conviction. Employers who order motor vehicle records may see these entries for many years. Administrative suspensions can occur even if the criminal case is pending.

You care about both because employers, insurers, and licensing boards look at them for different reasons. Protecting your license now helps your job today. Protecting your criminal record outcome helps your career long term.

Do DUI stay on your record in Texas? DWI vs. DUI explained

In Texas, adults are charged with DWI, not DUI. DUI is typically a charge for drivers under 21 related to any detectable alcohol. When people search do DUI stay on your record in Texas, they usually mean DWI. Either way, convictions do not age off automatically. Arrests and dismissed charges can sometimes be expunged. Certain first-time misdemeanor DWIs can sometimes be sealed by nondisclosure, which limits who can see the record but does not erase it.

ALR deadlines: the 15-day clock that affects your license and your record

The most urgent clock after a Texas DWI arrest is the Administrative License Revocation deadline. You generally have 15 days from the date you received the Notice of Suspension or temporary permit to request a hearing. If you do not request it in time, the suspension usually begins on the 40th day after the notice date.

Two important reasons to act:

• Protecting your ability to drive for work and family: Without a timely request, your license can be suspended even while your criminal case is pending.
• Preserving evidence: The ALR hearing can lock in testimony, police reports, and video that may help your criminal case and your record outcome.

For step-by-step instructions, see how to request an ALR hearing and deadlines. You can also go directly to the official portal to Request an ALR hearing (Texas DPS portal). If the 15-day window is about to close, submit the request online before the deadline, then gather your paperwork.

You are likely balancing shifts, paychecks, and family logistics. Putting this request in now stabilizes transportation and buys time to plan the legal strategy that affects your long-term record.

What stays on your record, and for how long

Criminal record entries

• Conviction for DWI: Remains on your criminal history indefinitely. Texas does not have a seven-year falloff for court records. Background checks may report older convictions, subject to federal and state reporting rules, but the court record itself does not expire.
• Dismissal or acquittal: The arrest and charge can be removed with an expunction in many situations. You usually must file a petition and obtain a court order. This is not automatic.
• Nondisclosure for eligible first-time misdemeanor DWI: If you meet statutory conditions, a judge can order the record sealed from most public background checks. Law enforcement, courts, and many licensing entities still see it. See the Statute on DWI nondisclosure eligibility in Texas for the core rules.

Texas driving record entries

• Administrative suspension for test failure: Often 90 days to 1 year, depending on history. The entry is maintained in DPS records that employers and insurers can access.
• Administrative suspension for refusal: Often 180 days to 2 years, depending on prior history and age. A refusal notation can affect certain job roles and insurance.
• DWI conviction: Reflected as a criminal conviction and a traffic-related entry. The entry can be visible to employers who order MVRs during hiring or periodic reviews.

If you hold a CDL, consequences are stricter. Even a first DWI can disqualify a commercial license for a significant time under federal and state rules. If you drive company trucks or supervise crews, plan for coverage while your license status is sorted out.

Mini story: a Houston week that changed the record outcome

Picture a mid-30s construction manager in Harris County who gets stopped after a team dinner. He receives a Notice of Suspension on a Friday. He spends the weekend worrying about job sites, payroll, and school pickups. On Monday morning, he submits the ALR hearing request within the 15-day window, then gets the police video and breath test records. At the ALR hearing, cross-examination reveals a radioing error that triggers early disclosure of body-cam footage. The criminal case later results in a reduction that qualifies for nondisclosure after the waiting period. The difference came from acting in that first two weeks, not from luck months later.

Employer background checks in Texas, and how to handle work conversations

Most Houston employers use standardized background checks. Arrests and convictions may appear, and some companies also order Texas motor vehicle records. For a deeper dive on what HR teams see, read how employers and background checks view DWI arrests.

Practical approach for your job:

• Review your handbook: Many policies require reporting arrests or license issues only if you drive for work or hold a safety-sensitive role. Some require immediate notice. Others do not.
• Bring facts, not assumptions: If you do speak with a supervisor or HR, state that a charge has been filed and that the case is pending. Avoid guessing about outcomes. Emphasize that you have addressed transportation so work will not be disrupted.
• Protect confidentiality: Limit details to what policy requires. If you pursue nondisclosure later, oversharing now cannot be undone.

Record relief in Texas: expunction and nondisclosure in plain English

Expunction erases records in qualifying scenarios. Common examples include a complete dismissal, no-bill, or a not guilty verdict. When an expunction order is granted, agencies must destroy or return records and the law allows you to deny the arrest in many settings. This is the cleanest result, but it requires eligibility and a court order.

Nondisclosure seals certain records from the public. For eligible first-time misdemeanor DWI cases, Texas law allows nondisclosure if you meet conditions like no prior convictions or deferred adjudications for many crimes, completion of the sentence, and sometimes an ignition interlock requirement. Waiting periods vary, such as two years with ignition interlock or five years without, depending on the circumstances. Law enforcement, courts, and many licensing boards still have access. The controlling statute is the Statute on DWI nondisclosure eligibility in Texas.

If you want a step-by-step walkthrough of relief options, see steps to pursue expungement or record sealing in Texas. Your eligibility depends on your case result, BAC level, prior history, and whether there was an accident or other aggravating facts.

Key numbers and timelines that matter in Houston and nearby counties

• ALR request window: 15 days from the notice date, or the suspension usually starts on day 40.
• Common ALR suspension lengths: Test failure often 90 days to 1 year. Refusal often 180 days to 2 years. Length varies with history and age.
• Nondisclosure waiting periods for eligible first DWI misdemeanors: Often two years if you complied with an ignition interlock for at least 6 months, or five years without an interlock. Different rules may apply if BAC was 0.15 or higher or if other conditions exist.
• Travel and work impacts: Some countries deny entry after a DWI conviction. Some employers run annual MVR checks. Plan ahead if you supervise crews or travel for projects.
• Dismissal or not guilty: You can usually seek an expunction after the case ends, but you must file for it. Do not assume the records disappear on their own.

For Analytical Professional (Ryan/Daniel), the takeaways are the clocks and probabilities. Early ALR action improves your chances of protecting your license and developing defenses. The criminal case outcome then controls whether expunction or nondisclosure is on the table.

Common misconceptions, corrected

• Myth: A first DWI in Texas drops off your record after seven years. Fact: Court records do not automatically drop off. You need an expunction or nondisclosure when eligible.
• Myth: If I win the ALR hearing, my criminal case is dismissed. Fact: The ALR process is separate. A win helps, but the prosecutor decides the criminal case.
• Myth: Nondisclosure erases everything. Fact: Nondisclosure limits public access, but law enforcement and many licensing boards still see the record.
• Myth: If I am polite and cooperative, I do not need to request an ALR hearing. Fact: Cooperation does not pause the 15-day deadline.

Step-by-step actions to protect your record this week

1. Mark your ALR deadline: Count 15 days from the date on your Notice of Suspension or temporary permit. Submit your hearing request before that date using the Request an ALR hearing (Texas DPS portal), and review how to request an ALR hearing and deadlines for details.
2. Check your Texas driving record: Order your DPS record so you know what employers will see on an MVR. Confirm whether a temporary permit is active and when any suspension would begin.
3. Collect documents: Save the citation, tow slip, Notice of Suspension, booking paperwork, and any bond conditions. Back up texts and calendar entries from the day of the stop.
4. Plan work transportation: Set up a reliable commute for job sites and family obligations. If an occupational license becomes necessary later, you will need proof of routes and hours.
5. Decide on employer communication: Review your handbook. If notification is required, keep it brief and factual. If not required, consider waiting until you have more information about license status and court dates.
6. Track discovery: Request police video, breath or blood test records, and the officer’s report. These materials often show up in the ALR process first, which can shape your defense.
7. Explore relief pathways early: If the case later dismisses or results in an acquittal, set a reminder to start expunction paperwork when eligible. If a reduction or first-offense misdemeanor DWI may be possible, review nondisclosure criteria and waiting periods.

You are busy running crews and keeping projects on schedule. These steps fit into a normal workweek and keep your options open for your record and your license.

Local context for Houston, Harris County, and nearby counties

Harris County courts handle a high volume of DWI cases, so calendars can be crowded and settings may roll. Nearby counties like Montgomery, Fort Bend, and Galveston have their own docket rhythms. Many cases enter pretrial diversion discussions, but availability and terms vary by county and by the facts. What matters for your record is the final outcome and how quickly you preserved your license rights and evidence.

Short asides for different reader needs

Analytical Professional (Ryan/Daniel): Focus on dates and data. ALR request due in 15 days, suspension begins around day 40 if no request, typical administrative suspensions range 90 days to 2 years, and nondisclosure waiting periods often run two or five years depending on interlock use.

Career-Focused Executive (Sophia/Jason): Discretion matters. Limit internal disclosures to policy requirements, route communications through HR when needed, and maintain written confirmations of license status for travel approvals.

High-Status Client (Chris/Marcus): Your priority is record minimization and confidentiality. Early evidence capture, targeted plea negotiations, and timely filings for expunction or nondisclosure can constrain what the public sees.

Uninformed Young Adult (Tyler/Kevin): A DWI can raise insurance costs and appear on school or job checks years later. Even if you think it is a minor incident, the long-term cost can be thousands of dollars when you include insurance, time off, and background impacts.

Caregiver Professional (Elena): If you hold a professional license, review your board’s self-reporting rules and timelines. Some boards require notice only after a conviction, while others require updates when charges are filed or when your license status changes.

How do background checks actually pull DWI information in Texas

Most background reports compile court records and arrest logs, then match them to identifiers like name and date of birth. Many employers also run a Texas MVR, which can reveal administrative suspensions, refusals, and convictions tied to your driver number. Nondisclosure can block many public vendors from pulling the case, but it does not block law enforcement and many licensing agencies. Expunction orders require agencies to destroy or return records, which is why a qualifying dismissal or acquittal is so powerful for long-term privacy.

What if this is my first DWI and I have a clean record

First-time cases range from straight dismissals to negotiated reductions to misdemeanor convictions. Outcomes depend on the stop basis, the test, the video, prior history, and whether anyone was hurt. Many first-time misdemeanor DWIs are the cases where nondisclosure may be possible later, subject to BAC, interlock, and waiting periods. The earlier you secure the ALR hearing and the evidence, the more options you preserve for an outcome that limits long-term record exposure.

Texas driving record and DWI: practical effects you will notice

• Insurance: Premiums may increase for several years after a DWI conviction or administrative action. Shop renewals early to manage costs.
• Fleet and project assignments: Employers often restrict who can drive company vehicles. A pending suspension or refusal notation can change your eligibility.
• Travel: Some countries and clients have policies triggered by impaired driving convictions. Ask for travel guidance before you are booked on a trip.

For a construction manager in Houston, planning transportation and maintaining eligibility for site access keep your team moving and your paycheck stable.

Houston Texas DWI record length, summed up

There is no automatic falloff for a Texas DWI conviction. Arrests that end in dismissal or acquittal can often be expunged. Certain first-time DWI misdemeanors can be sealed by nondisclosure when statutory conditions are met. Your driving record will show administrative actions and convictions that employers can view for years. If you remember one thing, remember the 15-day ALR request window, because that single step can protect your job while the case plays out.

Frequently asked questions about do DUI stay on your record in Texas

Does a DWI stay on my criminal record in Texas

Yes, a Texas DWI conviction stays on your criminal record indefinitely. There is no automatic seven-year drop off. Relief requires a qualifying dismissal or acquittal for expunction, or eligibility for nondisclosure on certain first-time misdemeanor DWIs.

Will a Houston employer see my DWI on a background check

Most employers can see a DWI conviction and many can see an arrest while a case is pending. If you qualify for nondisclosure later, many public background checks will not show the case, but law enforcement and many licensing boards still have access.

How long do ALR suspensions last in Texas

Administrative suspensions often run 90 days to 1 year for a test failure and 180 days to 2 years for a test refusal, depending on age and prior history. The key is to request your hearing within 15 days so you can contest the suspension and obtain early evidence.

Can a Texas DWI be expunged or sealed

Expunction is typically available after a qualifying dismissal, no-bill, or acquittal. Certain first-time DWI misdemeanors may be eligible for nondisclosure that seals the record from most public checks. Eligibility depends on BAC, interlock use, prior history, and waiting periods set by law.

What should I do first after a DWI arrest in Harris County

Submit the ALR hearing request within 15 days, confirm your temporary driving status, and organize your documents. Then evaluate defenses using the police video and test records and consider speaking with a qualified Texas DWI lawyer about record protection strategies.

Why acting early matters for your job, license, and family

Minutes count after a Texas DWI arrest. The ALR hearing request safeguards your ability to drive and gives you a discovery path for evidence that can shape the criminal case. That in turn controls whether you can clear the arrest with an expunction or limit public access through nondisclosure. Early organization is not flashy, but it is what protects paychecks, school pickups, and client deadlines.

Quick video explainer: Will a Houston DWI come off your Texas record

Prefer a short, plain-language walkthrough tailored to Houston drivers like you This two-minute clip summarizes how long a Texas DWI stays on your record, what nondisclosure can and cannot do, and why the 15-day ALR request is your first move.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
View on Google Maps

Do DUI Go Away in Texas? How Long a DWI Stays on Your Record

No, a Texas DWI does not automatically go away from your criminal or Texas DPS driving record over time. A conviction stays on your criminal history permanently unless the law allows record sealing through an order of nondisclosure in narrow situations, and your DPS driving record keeps major alcohol related entries indefinitely. If you are searching do DUI go away in Texas, the real key is understanding which record you mean, your eligibility for expunction or nondisclosure, and the short Administrative License Revocation deadline that follows an arrest.

Do DUI go away in Texas, fast answer for busy professionals

• Criminal record: A DWI conviction in Texas is permanent. It does not drop off with time. Some first time cases can be sealed from most public view with a court order of nondisclosure after a waiting period if statutory criteria are met.
• DPS driving record: A DWI conviction and ALR suspension entries are retained indefinitely on your Texas driving record. Nondisclosure does not remove DPS entries.
• Expunction is limited: Expunction is usually possible only if the case is dismissed, you are acquitted, or the charge is never filed. A conviction is not expungable.
• ALR 15 day deadline: After a DWI arrest, you generally have 15 days from the date you received the suspension notice to request an ALR hearing. Miss it and a suspension typically begins on the 40th day.
• Background checks: In most employment screenings, criminal convictions can be reported indefinitely. Sealing helps limit public access, but law enforcement and many licensing boards still see it.

You want a clear plan that protects your career and reputation. The rest of this guide breaks down exactly how long DWI stays on record in Texas, what can be cleared or sealed, and what you can do this week to reduce long term harm.

What record are we actually talking about, criminal vs DPS driving record

Texas uses DWI for adults under Texas Penal Code Chapter 49, not DUI. People still search do DUI go away in Texas, so we use the term here to match that search. There are two different records that matter to you as a professional in Houston.

• Criminal record: This is your court case and disposition in Harris County or another Texas county. It shows the arrest, charge, and outcome, for example conviction, deferred adjudication, dismissal, or acquittal.
• DPS driving record: This is your Texas Department of Public Safety driver history. It includes alcohol related suspensions such as ALR, convictions for DWI or related offenses, and compliance items like interlock restrictions.

These records behave differently. The court record can sometimes be sealed or expunged depending on the outcome and statute. The DPS driving record is a regulatory history and is not sealed by a criminal nondisclosure order. For a deeper dive into how these two systems show up on screenings, see the firm’s page with common questions about DWI records, expunction, nondisclosure.

How long DWI stays on record in Texas, criminal and driving records compared

Criminal record duration for DWI in Texas

If you are convicted of DWI in a Houston area court, that conviction stays on your criminal history indefinitely. There is no automatic seven year drop off for convictions. An order of nondisclosure can limit public access in specific first time circumstances, described below, but it does not erase the fact of the case for law enforcement, courts, or many licensing boards.

Non conviction outcomes are different. If your case is dismissed, you are acquitted, or the prosecutor declines to file charges, you may be eligible to seek expunction under the Texas Code of Criminal Procedure Chapter 55. Expunction deletes the arrest from criminal history databases. Eligibility and waiting periods depend on the exact outcome and charge level, so confirm the timing before filing.

Texas DPS driving record DWI entries

DPS keeps major alcohol related entries indefinitely. That includes ALR suspensions after a refused or failed breath or blood test, and court convictions for DWI. While some minor traffic violations age off summarized records after a shorter period, a DWI is treated as a major offense and remains part of your driver history.

For you, the practical takeaway is simple. A conviction will continue to appear on a full driver record pull, and private background screeners may also reference DPS data or clerk records. If you drive for work, a company risk team may request a certified Type 3A record that shows the full history.

Background check visibility for Houston Texas DWI

• Employment checks: Consumer reporting agencies can typically report convictions regardless of age. If the case is sealed by nondisclosure, most general employers cannot obtain your criminal history for that event from the usual public sources.
• Licensing boards: Many Texas boards and state agencies remain authorized to view sealed records for suitability reviews, and they can ask you about them during licensing or renewal.
• Insurance: Auto insurers use driving and claims data. A DWI related conviction or ALR suspension can increase premiums for several years.

If you want a side by side explanation of what appears in common reports, this blog post unpacks what shows up on criminal and employment background checks.

Eligibility to clear or limit a Texas DWI record, expunction vs nondisclosure

Expunction basics

Expunction is the gold standard for privacy. It deletes the arrest from criminal databases and lets you lawfully deny the arrest in most settings. You do not receive expunction after a conviction. Expunction is typically available when a DWI case is dismissed, you are acquitted, the prosecutor declines to file, or in a rare pardon. Timing can involve waiting until the statute of limitations runs if there was no filing. This path does not remove entries from your DPS driving record when there was a driver license suspension, but it prevents the criminal arrest from appearing in most public searches.

Nondisclosure for some first time DWI convictions

Texas permits a court to issue an order of nondisclosure for certain first time DWI misdemeanors that meet statutory criteria. Examples include a case with no accident involving another person, no prior disqualifying criminal history, and a blood alcohol concentration under a set threshold. There are waiting periods that depend on the sentence conditions, and interlock use can shorten the wait. For the governing language, see the Texas statute on nondisclosure eligibility for some DWI convictions.

Even with nondisclosure, your DPS driving record is not sealed, and specific government and licensing entities can still access the sealed criminal information. For a practical walkthrough of whether and how a DWI can be sealed or expunged, review that guide next.

Deferred adjudication and later sealing

In some first time cases, courts may allow deferred adjudication for a DWI, which can support a later order of nondisclosure if the statute’s requirements and waiting periods are met. This outcome avoids a formal conviction if you complete all terms. It still will not clean your DPS driver record of ALR or interlock entries, but it can reduce what most employers and the general public see.

ALR 15 day deadline, your driver’s license, and DPS entries

If you were arrested for DWI in Houston or anywhere in Texas, the Administrative License Revocation process begins quickly. You usually have 15 days from the date you received the suspension notice to request a hearing. If you miss that window, the suspension generally starts on the 40th day after the notice date. The ALR decision and any refusal or failure entries become part of your DPS file.

Here is what that means for you as a career conscious driver:

• First failure of a breath or blood test at 0.08 or higher often brings a 90 day suspension.
• First refusal to provide a specimen typically brings a 180 day suspension.
• With a prior alcohol related contact, the periods generally increase to 1 year for a subsequent failure and 2 years for a subsequent refusal.

You can request a hearing and contest the suspension. For practical steps, see how to request an ALR hearing and deadlines, and the official DPS portal for Texas DPS ALR hearing request and 15‑day deadline information.

If you depend on driving for work, you may explore an occupational license to drive for essential needs during a suspension. That requires a court order and strict compliance. Keep every compliance document, because those entries can appear in DPS records too.

Terminology check, DWI vs DUI in Texas

Texas Penal Code Chapter 49 uses the term DWI for adults. Texas also has a separate offense called DUI for minors under the Alcoholic Beverage Code. If you are an adult searching do DUI go away in Texas, you are almost certainly dealing with a DWI. That is why you will see DWI used throughout this article when referring to adult cases.

Houston perspective, how these rules play out in Harris County and nearby courts

Houston area courts apply statewide DWI law, but procedure details and program availability vary by county. For a first arrest, some courts offer pretrial intervention or deferred adjudication when facts and history allow. Others focus on sobriety monitoring and interlock conditions. Your outcome impacts both the criminal record and the DPS entries. For example, a negotiated reduction to an offense that is not DWI might limit future background check risk, while still leaving an ALR entry if there was a test refusal. In practice, you want your lawyer to monitor the criminal case track and the DPS track at the same time so you do not miss a license deadline or a sealing opportunity.

Micro story, how one Houston professional protected long term opportunities

Jordan, a project manager in the Energy Corridor, was arrested on a first DWI after a work dinner. Jordan requested the ALR hearing within 15 days. The criminal case was later resolved without a conviction after compliance and treatment, and the court terminated conditions early. After the waiting period and with zero new issues, Jordan qualified for nondisclosure. Years later, most public databases no longer showed the case, and the DPS record reflected the ALR but no new violations. The key moves were requesting the ALR hearing on time, tracking every deadline, and choosing a resolution that preserved record relief eligibility.

Practical steps you can take this week

• Calendar the 15 day ALR deadline and request the hearing. Keep proof of submission and confirmation numbers.
• Order your own records: Request a certified Type 3A driving record from DPS, and pull your court docket from the Harris County District Clerk or the county where the arrest occurred. Verify every date.
• Preserve nondisclosure eligibility: Ask counsel how deferred adjudication, interlock use, and no accident findings can impact eligibility. Small choices now affect your ability to seal later.
• Document compliance: Save receipts and compliance logs for interlock, classes, and testing. These support better outcomes and earlier relief eligibility.
• Plan for employer screening cycles: If your company runs an annual MVR pull, time your ALR hearing and court settings so there are no surprises. Coordinate travel if you need to appear in court.

If you prefer quick answers in a conversational format, you can also review an interactive Q&A on whether DUI records go away in Texas.

Common misconceptions to avoid

• Myth: A DWI will drop off my record after seven years. Fact: Texas does not provide automatic removal of DWI convictions from criminal or DPS records. Sealing or expunction requires specific legal outcomes and court orders.
• Myth: Nondisclosure erases everything. Fact: Nondisclosure limits public access to the criminal case. Government agencies, law enforcement, and many licensing boards can still view it, and DPS driver records remain intact.
• Myth: The ALR process is optional paperwork. Fact: ALR is a formal proceeding with strict deadlines and real consequences for your license and record.

Short callouts for different reader types

Panicked Provider: If you are a nurse or a parent who relies on driving, act within 15 days to protect your license, and be aware that some licensing boards may require disclosure and can view sealed records during renewals.

Privacy-Conscious Executive: Nondisclosure improves discretion for public searches, but it does not silence regulatory databases or news archives, so plan for reputation management and understand record sealing limits.

High-Net-Worth Client: There are more intensive options for record mitigation and confidentiality, including tight compliance, targeted case outcomes, and carefully timed nondisclosure filings.

Young & Uninformed: A Texas DWI is not just a ticket, you can lose your license if you do not request your ALR hearing within 15 days of notice.

Key legal foundations behind these rules

• Texas Penal Code Chapter 49: Defines DWI and related alcohol offenses for adults.
• Government Code Section 411.0726: Provides eligibility for orders of nondisclosure for certain DWI misdemeanors, with waiting periods that can be shorter if an ignition interlock was required. Linked above for your reference.
• Texas DPS rules and ALR process: Establish the 15 day hearing request timeline, the 40th day start for suspensions if you do not request, and typical suspension lengths of 90 days for failures and 180 days for refusals on a first contact.

How long DWI stays on record Texas, realistic timelines and what to expect

Think of your situation in three windows: immediate, mid term, and long term. Immediately, ALR is your first deadline. In the mid term, the criminal case outcome drives whether sealing or expunction will ever be possible. In the long term, employers and insurers view your record differently, so planning for background check cycles matters.

• Days 1 to 40: Request and prepare for ALR. Gather documents, check your notice date, and protect eligibility for future relief by avoiding new violations.
• Months 1 to 12: Work toward a case resolution that maximizes record relief options. If interlock is ordered and maintained for at least six months, you may shorten the eventual nondisclosure waiting period.
• Years 2 to 3 and beyond: For eligible first time convictions, nondisclosure waiting periods are often measured in years from completion of the sentence, and some are shorter if an interlock was required for at least six months. Non conviction cases may reach expunction earlier depending on filings and limitations periods.

Career focused planning for Houston Texas DWI background checks

You care about promotions, security clearances, or vendor onboarding. Here is how to limit surprises.

• Know your company’s screening policy: Some roles trigger an annual motor vehicle record pull or a new criminal check when you change project roles. Timing your nondisclosure filing with these cycles can mitigate exposure.
• Use precise language in disclosures: If a form asks about convictions, and your case was later sealed with nondisclosure, many private employers cannot ask about or rely on that sealed event. Government and licensing forms can be different.
• Track interlock and compliance perfectly: Missed calibrations or violations can create extra DPS entries and complicate sealing arguments later.

Frequently asked questions about do DUI go away in Texas

How long does a DWI stay on my record in Texas

A DWI conviction stays on your criminal record permanently. On the Texas DPS driving record, major alcohol related entries such as ALR suspensions and convictions are retained indefinitely. The only way to limit visibility is through expunction for qualifying non convictions or nondisclosure for certain first time convictions.

Will nondisclosure remove a DWI from my Texas DPS driving record

No. An order of nondisclosure seals the criminal case from most public access, but it does not seal your DPS driving record. Agencies, courts, and many licensing boards still have access to sealed criminal information, and the driver history remains part of your DPS file.

Is there a seven year rule that makes old DWIs disappear from background checks

No. In employment screening, criminal convictions can typically be reported regardless of age. The seven year discussion usually applies to certain non convictions under federal reporting rules. In Texas, sealing or expunction is what changes what most employers can see.

What is the ALR deadline after a Houston DWI arrest

You usually have 15 days from the date you received the suspension notice to request an ALR hearing. If you do not request it, the suspension usually begins on the 40th day after notice. First failures often mean a 90 day suspension, and first refusals often mean 180 days.

Can a first time DWI in Texas ever be sealed

Sometimes. If strict criteria are met, a court can grant an order of nondisclosure for certain first time DWI misdemeanors after a waiting period, which may be shorter when an ignition interlock was required for at least six months. See the linked statute for details and speak with a Texas DWI lawyer about your exact facts.

Why acting early matters

Quick, informed action protects both your license and your long term privacy. The ALR deadline arrives fast. Choices you make in the first weeks, like maintaining interlock and avoiding any new violations, can shorten future waiting periods and keep you eligible for sealing relief. If you work in a sensitive industry or hold a professional license, getting answers early helps you plan honest disclosures that also respect your privacy rights. For case specific decisions, consult a qualified Texas DWI lawyer who understands Harris County practice and DPS rules.

For a plain English overview of whether a DWI conviction can ever come off a Texas criminal record, watch this short explainer. It pairs well with the article you just read, which covers DPS timelines, the ALR 15 day deadline, and career focused next steps.

Butler Law Firm - The Houston DWI Lawyer
11500 Northwest Fwy #400, Houston, TX 77092
https://www.thehoustondwilawyer.com/
+1 713-236-8744
RGFH+6F Central Northwest, Houston, TX
View on Google Maps

What DUI Is a Felony in Texas? Serious Drunk Driving Under Texas Law

In Texas, a DWI becomes a felony when the facts include two or more prior DWI-type convictions, serious injury or death, a child passenger under 15, or certain protected-zone or protected-victim circumstances, and a recent change also makes DWI in an active school crossing zone a state jail felony. Put simply, first-time adult DWIs are usually misdemeanors, but specific triggers turn them into felonies with prison-range penalties and lasting consequences under Chapter 49 of the Texas Penal Code.

If you are reading this in Houston after a stop or arrest, here is the bottom line in plain English. Most first DWIs stay misdemeanor, even with a high alcohol concentration. But repeat offenses, crashes causing serious injury, or having a child in the vehicle can upgrade your case to a felony quickly. The sections below walk through the exact triggers, examples, penalty ranges, and immediate steps to protect your license and your future.

Start with terms: DUI vs DWI in Texas

Texans often search for “DUI,” but adults face the offense called DWI under Penal Code 49.04. “DUI” in Texas usually refers to a separate law for drivers under 21 that focuses on any detectable alcohol. If you are an adult in Harris County, your charging document almost certainly says DWI. For a quick side-by-side explainer, see how DUI and DWI differ in felony risk.

Quick answer for anxious readers: the main felony DWI triggers

If you need the short version first, these are the common ways a DWI becomes a felony in Texas. Each one can apply in Houston, Harris County, and nearby counties.

• Third or subsequent DWI. Two prior convictions for any Texas intoxication offense involving a vehicle, or qualifying out-of-state equivalents, make the new DWI a third-degree felony.
• DWI with a child passenger under 15. This is a state jail felony even if it is your first-ever arrest.
• Intoxication assault. Serious bodily injury caused by reason of intoxication is a felony, usually third degree, with statutory upgrades when the injured person is a first responder or if injuries are especially severe.
• Intoxication manslaughter. A death caused by reason of intoxication is at least a second-degree felony, with possible first-degree enhancements in protected-victim scenarios.
• New 2025 rule: DWI in a school crossing zone. As of September 1, 2025, driving while intoxicated in an active school crossing zone is a state jail felony.

For a fuller walkthrough of how these rules apply in real cases, see this primer on Which DWI facts turn charges into a felony, then keep reading for the specific statute citations and Houston-focused examples.

The statutes that control what DUI is a felony in Texas

Texas organizes intoxication offenses in one place, Chapter 49 of the Penal Code. When you want to verify what escalates a misdemeanor to a felony, this is the best neutral source. Review Texas Penal Code Chapter 49 (DWI statutes and definitions) and focus on the sections named below.

• Section 49.04, Driving While Intoxicated. Sets the basic offense. A very high alcohol concentration of 0.15 or more upgrades it to a Class A misdemeanor, not a felony. New Subsection 49.04(e) makes DWI in a school crossing zone a state jail felony effective September 1, 2025.
• Section 49.045, DWI with child passenger. Makes driving intoxicated with a passenger under 15 a state jail felony.
• Section 49.07, Intoxication assault. Serious bodily injury by reason of intoxication is a felony, usually third degree, with upgrades for protected victims and certain injury types under 49.09.
• Section 49.08, Intoxication manslaughter. Death caused by reason of intoxication is a second-degree felony, again with possible enhancements in protected-victim or multiple-victim scenarios under 49.09.
• Section 49.09, Enhanced offenses and penalties. Converts a new DWI into a third-degree felony when you have qualifying prior convictions, including two prior DWIs or one prior intoxication manslaughter.

For an even more practical overview with penalty snapshots, the firm’s Blogger guide breaks down which facts upgrade a Texas DWI to a felony.

Examples that match real Houston scenarios

You do not need legalese to see how this plays out in daily life around Harris County.

• Third offense DWI in Texas. Two prior intoxication convictions from any time in your history can make a new arrest a third-degree felony. This is true even if those priors were in other Texas counties or another state with substantially similar laws.
• DWI with a child passenger. Driving home on 290 with your 10-year-old child or niece in the back seat while impaired brings a state jail felony charge, even if you have a clean record and no crash happened.
• Serious injury crash on I-45. If DPS or HPD alleges your intoxication caused serious bodily injury, prosecutors can file intoxication assault, a felony with higher potential time and stricter bond conditions.
• New protected zone example. A pickup rolling through an active school crossing zone near dismissal time while intoxicated now fits a state jail felony under 49.04(e). That change took effect September 1, 2025 and applies statewide.

Analytical Strategist (Ryan/Daniel): If you like exact cites, see 49.04(d) for the 0.15 Class A upgrade, 49.04(e) for school crossing zones, 49.045 for child passenger, 49.07 for intoxication assault, 49.08 for manslaughter, and 49.09 for repeat-offense and protected-victim enhancements. This is where courts and counsel start their analysis.

Penalties and consequences when DWI becomes a felony

Felony classifications matter because they set punishment ranges and collateral effects that go far beyond court fines. Houston felony DWIs are prosecuted in district courts and typically require more court appearances, stricter bond terms, and more intensive supervision if convicted.

Felony scenario	Typical classification	Statutory prison range	Max fine
DWI with child passenger under 15	State jail felony	180 days to 2 years in a state jail facility	Up to $10,000
Third or subsequent DWI	Third-degree felony	2 to 10 years in prison	Up to $10,000
Intoxication assault	Usually third-degree felony, may enhance	2 to 10 years in prison	Up to $10,000
Intoxication manslaughter	Second-degree felony, may enhance	2 to 20 years in prison	Up to $10,000
DWI in an active school crossing zone	State jail felony	180 days to 2 years in a state jail facility	Up to $10,000

There are also license and life-impact consequences. A criminal conviction for certain felony DWIs can trigger court-ordered license suspensions from 180 days up to 2 years under the Transportation Code. Background checks by employers and professional boards will reflect a felony conviction. Some rights and opportunities can be limited by a felony record. Every situation is fact specific, so discuss your exposure with a qualified Texas DWI lawyer who can apply the statutes to your exact facts.

Common misconception to clear up

Myth: Any high breath or blood test automatically makes a DWI a felony. Reality: A 0.15 or higher alcohol concentration usually upgrades a first-time DWI to a Class A misdemeanor, which carries tougher penalties than Class B, but it is not a felony by itself. Felony status comes from priors, a child passenger, serious injury, death, protected zones, or protected victims as outlined in Chapter 49.

What to expect in Houston felony drunk driving cases

Here is a simple overview so the process feels less overwhelming.

• Arrest and booking. After roadside testing, you go to a local jail or the Joint Processing Center. If blood was drawn, your case may be filed once results return.
• Charge decision. Felony filings go to Harris County district courts. A grand jury will review felony allegations. The indictment stage can take weeks depending on lab results and crash reports.
• Bond terms. Felony DWI bonds often include ignition interlock, alcohol monitoring, and travel limits. Violations can lead to bond revocation.
• Discovery and hearings. Your lawyer can challenge the stop, tests, accident reconstruction, and causation. Settings may be in person or virtual, and schedules differ by court.

High‑stakes Executive (Sophia/Jason): Expect more scrutiny and media interest after serious crashes. Records from criminal courts are public by default. Some relief tools exist, but record-sealing options are limited after intoxication convictions. Early mitigation and privacy planning can reduce unnecessary exposure.

License warning: short ALR deadlines most people miss

Separate from the criminal case, Texas runs the Administrative License Revocation process through DPS and the State Office of Administrative Hearings. You usually have 15 days from when an officer serves the suspension notice at or after arrest to request a hearing. If you consented to a blood test and DPS mails the notice later, that mailed notice gives you 20 days to request a hearing. If no request is on file by the deadline, the suspension typically starts on the 40th day after notice.

For official details and to see the timeline in writing, use the DPS resource titled Texas DPS ALR overview and hearing timeline. Adult ALR suspensions for a test failure are commonly 90 days for a first event and 1 year if there was a prior within ten years. Refusals are commonly 180 days for a first event and 2 years with certain priors. These run independently from any criminal-case suspension.

Wealth/Privacy Concern (Marcus): ALR hearings can be set by phone or video, and counsel can often appear without you. That helps protect privacy while still preserving evidence through subpoenas and officer testimony.

Micro‑story: Mike’s night and what changed his risk

Mike, a mid‑career Houston construction manager, left a project dinner off Washington Avenue. He felt fine, but a rolling stop and a wide turn drew attention. His 13‑year‑old nephew was in the back seat playing a game. Mike believed a first DWI is always a misdemeanor. The stop led to field tests, then an arrest.

Because a passenger under 15 was in the vehicle, the charge became DWI with a child passenger, a state jail felony. Bail conditions were stricter than he expected. The ALR clock started with a 15‑day window to request a hearing. Mike’s case shows how a single fact, a child in the car, can shift everything from job risk to travel limits in one night.

Defenses and pressure points in felony DWI cases

No two Houston cases are the same. Common defense issues include:

• Reason for the stop. If the stop was not lawful, key evidence can be suppressed.
• Operation and causation. In assault or manslaughter charges, the state must link alleged intoxication to the injury or death, not just show a crash happened.
• Testing and timelines. Breath machine maintenance, blood draw protocols, chain of custody, and lab analysis methods are all review points.
• Alternative causes. Fatigue, medical conditions, or post‑crash factors may explain observed signs.
• Child‑passenger element. The state must prove the passenger’s age under 15 and that you were operating in a public place.

Carefree Younger Driver (Tyler): A routine stop can escalate fast. If a younger sibling or neighbor is in your car, or if someone gets hurt, you may face a felony with years of exposure. Rideshare or a sober driver costs less than one court date.

Houston‑specific notes on repeat offenses

Harris County takes repeat intoxication cases seriously. If you have two prior qualifying convictions, a new arrest can be filed as a third-degree felony with a 2 to 10 year prison range. Bond conditions often include interlock and alcohol monitoring, and courts may require evaluation and treatment during the case. For a deeper look at escalating penalties and what counts as a prior, see How prior DWI convictions change charges and penalties.

Detailed list: felony DWI scenarios Texas drivers ask about

• Third offense DWI Texas. Two or more prior intoxication convictions, including certain out‑of‑state equivalents, upgrade a new DWI to a third‑degree felony.
• DWI with child passenger felony Texas. Any passenger under 15 triggers a state jail felony under Section 49.045.
• Intoxication assault. Serious bodily injury by reason of intoxication is a felony. It can enhance if the injured person is a firefighter, EMS worker, peace officer, or judge, or if the injury involves a traumatic brain injury resulting in a persistent vegetative state.
• Intoxication manslaughter. Causing death by reason of intoxication is at least a second‑degree felony, with possible first‑degree enhancements for protected victims or multiple deaths.
• DWI in a school crossing zone. Effective September 1, 2025, driving while intoxicated in an active school crossing zone is a state jail felony under Section 49.04(e). This is new, and it applies regardless of prior history.

Note for planners: These classifications can interact with other laws, including court‑ordered license suspensions under Transportation Code provisions. That is why one case might implicate both ALR and criminal‑court suspensions.

Immediate steps you can take today if you are worried your case is a felony

• Mark your ALR deadline. If you were handed a suspension notice at arrest, you generally have 15 days to request a hearing. If DPS later mails a notice after blood results, that mailed notice gives you 20 days to request. The official page that explains both situations is the Texas DPS ALR overview and hearing timeline.
• Preserve evidence quickly. Save dashcam or phone video, names of witnesses, and any medical records. Ask your employer to preserve GPS or telematics if a company vehicle was involved.
• Do not guess about priors. Old out‑of‑state cases, probations, or reductions can still count. A Texas DWI lawyer can analyze whether something is a “final conviction” under Section 49.09.
• Plan for work and family obligations. Felony bond terms can include interlock and travel limits. Map out obligations and talk about waiver requests early.
• Keep communications private. Do not post about the event. Keep discussions with counsel confidential so strategy is protected.

Short notes for different reader types

Analytical Strategist (Ryan/Daniel): Study the text of Chapter 49 for the core elements and 49.09 for enhancements, then cross‑check Transportation Code 521.344 for conviction‑based suspensions. That is the cleanest way to forecast exposure.

High‑stakes Executive (Sophia/Jason): Consider early mitigation: verified treatment, interlock compliance, and community service documentation. Public filings make quick headlines. A structured plan helps reduce attention and supports negotiation.

Wealth/Privacy Concern (Marcus): Limit appearances to essential hearings when possible and route communications through counsel. Sensitive employers often need a neutral letter confirming compliance and court dates without sharing case specifics.

Carefree Younger Driver (Tyler): One decision in Midtown can ripple for years. If a younger sibling is in the car or someone is hurt, felony charges bring prison‑range penalties, long suspensions, and higher insurance for a long time.

FAQs on what DUI is a felony in Texas

Is my first DWI in Houston a felony?

Usually no. A first adult DWI is a misdemeanor unless a felony trigger applies, like a child passenger, serious injury, death, or the new school crossing zone rule. High alcohol concentration alone is a Class A misdemeanor, not a felony.

What are the penalties for a third offense DWI in Texas?

A third or subsequent DWI is typically a third‑degree felony with a 2 to 10 year prison range and up to a $10,000 fine. Court‑ordered license suspensions on conviction commonly run 180 days to 2 years depending on the statute applied and your history.

How fast do I have to request my ALR hearing after a Houston arrest?

If you were served a notice at arrest, you generally have 15 days to request the hearing. If DPS later mails a notice after a blood result, that mailed notice gives you 20 days to request. Miss the deadline and the suspension often begins on the 40th day after notice.

Does a 0.15 BAC make my DWI a felony in Texas?

No. A 0.15 or higher alcohol concentration upgrades the charge to a Class A misdemeanor. Felony status requires different triggers, such as priors, a child passenger, serious injury, death, or an active school crossing zone.

Can a felony DWI be sealed or expunged?

Texas expunction and nondisclosure laws are limited after intoxication convictions, especially felonies. Dismissals, acquittals, or certain outcomes may create options, but many felony DWI convictions remain public. Discuss the specifics with a Texas DWI lawyer before you assume any record relief is available.

Why acting early matters if you are a Houston provider supporting a family

If you supervise crews, drive to job sites, or hold a professional license, the first 15 to 30 days can shape both your license and the evidence in your case. Early action helps you preserve video, subpoena the right witnesses, and meet deadlines. Even if you are still waiting on lab results, planning now reduces surprises later. Calm steps today beat crisis management tomorrow.

Further reading for quick reference: a brief Quick Q&A resource on felony DWI scenarios in Texas you can scan on your phone.

Butler Law Firm - The Houston DWI Lawyer
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