Texas Criminal Law Basics: Would a DUI Be Considered a Crime on Your Record?

In Texas, a typical “DUI” type arrest for adults is treated as a criminal DWI offense, not just a traffic ticket, and it usually goes on your criminal record as a misdemeanor or felony depending on the facts. That record can affect your job, your driver’s license, and future background checks in Houston and across Texas, even if you have never been in trouble before.

If you are wondering, “would a DUI be considered a crime in Texas or just a citation,” it helps to know that Texas uses the term DWI for most adult drunk driving cases and that DWI is part of the criminal code, not the traffic code. So the way your case is filed, labeled, and resolved will decide how it appears on your record and how long it can follow you.

Is DWI a Crime in Texas or Just a Traffic Ticket?

Texas law is very clear: DWI is a criminal offense. It is listed in the criminal statutes, not in the regular traffic rules. That means an arrest for driving while intoxicated is handled in a criminal court in Harris County or another county, and it can lead to a criminal conviction on your record if it is not reduced, dismissed, or beaten at trial.

If you are like Mike, a construction manager in his 30s who drives a company truck around Houston job sites, this is the key point. A DWI is not the same as speeding or running a stop sign. It is a criminal charge that can show up when a supervisor runs a background check for a promotion, or when a new employer screens you for a safety-sensitive role.

Under the Texas Penal Code chapter on intoxication offenses, driving while intoxicated is usually a Class B misdemeanor for a first offense, but it can move up to Class A or felony levels based on factors like your blood alcohol level, prior convictions, or whether anyone was hurt. Resources that explain how Texas defines a DWI and related criminal charges can help you see exactly where your situation fits.

So when you ask “would a DUI be considered a crime,” for an adult driver in Texas the answer is typically yes. The official charge on your paperwork will say DWI and it will sit in the criminal case system, not just on your driving history.

DUI vs DWI in Texas: Why the Name on the Paperwork Matters

Many people use “DUI” and “DWI” like they are the same thing, but Texas law makes a big distinction.

• DWI (Driving While Intoxicated) is the usual charge for adults who allegedly drive while intoxicated by alcohol or drugs.
• DUI (Driving Under the Influence) in Texas is mainly used for drivers under 21 who have any detectable alcohol in their system, even if they are not “intoxicated” under DWI standards.

From a record standpoint, both are criminal matters, but adult DWI is more serious and carries harsher penalties. For you as a working adult in Houston, if you are asking “would a DUI be considered a crime in Texas,” you are almost certainly dealing with a DWI case, not the under‑21 DUI statute.

That label controls what employers see, what penalties apply, and what options might be available later to seal or clear the record.

Misdemeanor vs Felony DWI in Texas: How Serious Is Your Case?

One of the biggest worries for someone like Mike is, “Is this a felony?” Understanding misdemeanor vs felony DWI in Texas is key to knowing your risk.

Typical Misdemeanor DWI Levels

• First DWI, no accident, no child passenger: Usually a Class B misdemeanor. Punishment can include up to 180 days in jail, fines, court costs, probation, classes, and license consequences.
• First DWI with BAC 0.15 or higher: Often charged as a Class A misdemeanor, with up to 1 year in county jail and higher fines.
• Second DWI: Typically a Class A misdemeanor. Courts and prosecutors in Harris County and nearby counties tend to treat repeat DWI cases much more seriously.

When DWI Becomes a Felony in Texas

• Third or more DWI: Generally a third degree felony.
• DWI with a child passenger under 15: Usually a state jail felony, even if it is your first drunk driving arrest.
• Intoxication assault: DWI where someone suffers serious bodily injury can be a third degree felony.
• Intoxication manslaughter: DWI where someone is killed is typically a second degree felony.

From a record point of view, every level above is a criminal charge. Whether your DWI is a misdemeanor or felony, it creates a criminal record for drunk driving in Texas unless the case is dismissed, you win at trial, or you qualify for some limited type of record sealing.

If you manage crews, drive for work, or hold a sensitive job, a felony DWI in particular can affect your ability to work in your industry, pass security checks, or keep certain professional licenses. Even a first misdemeanor can cause your employer to question your reliability or their insurance coverage.

Traffic Ticket vs Criminal DWI in Texas: Why That Difference Matters for You

It is easy to think of a DWI as “just another ticket,” especially if you were polite with the officer and did not crash. But under Texas law there is a big difference between a traffic citation and a criminal charge.

• Traffic ticket: Usually handled in municipal or justice court. Punishable by fines and sometimes defensive driving or points on your license. Common examples include speeding, running a red light, or not carrying proof of insurance.
• Criminal DWI: Filed as a misdemeanor or felony in a county criminal court. Punishable by jail, probation, fines, license suspension, mandatory education programs, and long‑term record impact.

So when people ask if a DWI is a crime in Texas or just a “serious ticket,” the answer is that DWI is firmly in the criminal category. It is not handled like a minor traffic violation and it will not disappear from your record in a few years the way some traffic issues do.

For someone with a steady job and a family to support, that difference can be the line between a temporary headache and a long‑term obstacle for promotions, housing, and new opportunities.

How a Houston Texas DWI Criminal Offense Shows Up on Your Record

If you are worried about how this will look to your boss or a future background check, you are not alone. A typical Houston Texas DWI criminal offense can create several different records.

1. Criminal history record

Once you are arrested, the charge is entered into law enforcement databases. If the prosecutor files a DWI case, there will be a criminal case number that shows up in county records. If you are convicted, that conviction becomes part of your criminal history.

Background check companies often pull from these records when they run a check for an employer, landlord, or licensing board. So even if you avoid jail time and complete probation, a DWI conviction may still appear under the “criminal” section of a report.

2. Driving record

Your DWI also affects your Texas driving record. Administrative and criminal outcomes can lead to license suspensions, “surcharges” or reinstatement fees, and notations that insurance companies and some employers pay attention to.

This is why you may see different terms like “conviction,” “suspension,” or “ALR” on paperwork. They reflect different parts of the process, but they all tie back to the same event.

3. Employer and background check reports

Many employers use third‑party services that roll all this information into one report. A typical entry for a DWI might list the offense level, the date of arrest, the court, and the final outcome.

If you want to understand what a DWI conviction means for Houston employers, it helps to look not only at the legal penalties, but also at how these reports are read by HR departments and risk managers. Even one misdemeanor can matter if you drive company vehicles, handle equipment, or work in a regulated industry.

ALR, the 15‑Day Deadline, and Your Texas Driver’s License

One of the most confusing parts of a DWI case is the separate Administrative License Revocation, or ALR, process. This is a civil, not criminal, proceeding run through the Texas Department of Public Safety and an administrative court system, and it focuses on your driver’s license, not on jail time.

The 15‑day ALR hearing deadline

After a DWI arrest, you usually have only 15 days from the date you received a notice of suspension to request an ALR hearing. If you do not request a hearing by that deadline, your license suspension can start automatically on the date listed on the notice.

For a working parent or anyone who drives to job sites across Houston, missing that deadline can mean scrambling for rides, risking driving on a suspended license, or facing longer term consequences with your insurance and job. You can review Texas DPS overview of the ALR license‑revocation process along with guidance on how to request an ALR hearing and the 15‑day deadline to understand what steps are required.

There are also resources that explain how to meet the ALR 15‑day deadline to save your license so you can keep driving legally while your case is pending.

How ALR differs from the criminal DWI case

• The ALR case is about your driving privilege, not jail or probation.
• The ALR hearing can be a chance to challenge the suspension and sometimes gather evidence about the stop and arrest.
• The result of the ALR hearing does not automatically decide the criminal case, but it can affect your day‑to‑day life and your strategy.

For you, the takeaway is simple: you may be facing both a criminal DWI and a civil license case at the same time. Both deserve attention, especially when your job depends on driving.

How Long Does a Texas DWI Stay on Your Criminal Record?

Another big fear is, “Is this going to follow me forever?” In Texas, DWI is not something that automatically falls off your criminal record after a set number of years. Unless it is dismissed, you are found not guilty, or you qualify for and complete a specific record‑sealing process, a DWI arrest and conviction can show up indefinitely.

That does not mean you have no options. Depending on the facts, some people may qualify for expunction of certain records, orders of nondisclosure for eligible cases, or plea agreements that reduce charges. However, those options are very fact‑specific and usually require careful legal analysis.

For a deeper dive into expunction and sealing rules, you can look at an interactive Q&A on expunction and record‑clearing options in Texas to understand when a DWI might be fully cleared versus only partially hidden from the public.

Micro‑Story: What This Can Look Like for Someone Like You

Imagine a situation that may feel close to home. Mike is a construction manager in Houston who drives a company truck every day. One Friday night, he has a few beers at a client dinner on Washington Avenue, gets pulled over on the way home, and is arrested for DWI after field sobriety tests and a breath test.

Within a week, Mike is back at work, but now he is terrified that his company will find out. When the HR department runs an annual background check for employees with company vehicles, his pending DWI shows up as a criminal charge. Months later, when his case ends with a misdemeanor DWI conviction and a short probation period, that conviction stays on his record. When he applies for a project manager position with another firm in Harris County two years later, the hiring manager sees the DWI entry and hands the job to another candidate.

This kind of outcome is not automatic in every case, but it shows why understanding how your DWI is classified and what appears on your record is so important early on.

Ryan/Daniel - Evidence-and-Strategy Seeker: Why the Details of Your Stop Matter

If you feel more like the Ryan/Daniel - Evidence-and-Strategy Seeker persona, you may be less focused on embarrassment and more focused on how the case can be fought. For you, the evidence and procedures matter: why you were stopped, how the officer conducted the tests, and whether your rights were respected.

Key evidence issues in Texas DWI cases

• Reason for the stop: Was there a clear traffic violation or reasonable suspicion?
• Field sobriety tests: Were they given correctly, on a level surface, with clear instructions?
• Breath or blood tests: Were the machines maintained and calibrated properly? Was the blood draw done correctly?
• Video and body‑cam footage: Does what you see on video match what the report claims?

These details can influence whether a DWI remains on your record as charged, gets reduced to a lesser offense, or is dismissed. While nothing can guarantee a specific result, a careful review of evidence is often the first step in protecting your criminal record and your license.

Jason/Sophia - Reputation-Focused Payer: Confidentiality, Sealing, and Limits

If you relate more to the Jason/Sophia - Reputation-Focused Payer persona, your main concern may be your reputation with clients, partners, or your community. You might be willing to invest in solutions that protect your name, but you want to know what is legally possible in Texas.

In general, criminal court files are public in Texas, although there can be practical barriers to access. Expunction and orders of nondisclosure can limit what the public sees, but both are subject to strict rules, especially in DWI cases. Some DWI convictions never qualify for expunction and only certain cases qualify for nondisclosure under specific conditions.

For someone whose career, business, or public profile depends on a clean image, it is critical to understand that you may not be able to erase everything. The focus often shifts to minimizing damage at the criminal case stage and then using any lawful record‑sealing options that fit your situation later.

Chris/Marcus - Elite Discretion Demander: Privacy and Faster Remediation

The Chris/Marcus - Elite Discretion Demander persona is often a high‑visibility individual who values discretion and speed. You may be less worried about fines and more worried about who will find out and how quickly you can contain the situation.

In Texas DWI cases, privacy and damage control can involve several practical steps: limiting what you say to coworkers, being careful on social media, and coordinating court appearances and schedules. It can also mean moving quickly to gather documents, request hearings, and explore resolutions that may reduce the level of the charge or limit how much detail ends up in public records.

While no one can promise a quiet cleanup or a guaranteed outcome, early and informed action gives you more control over the speed and direction of your case and your public record.

Kevin/Tyler - Unaware Weekend-Driver: Myth-Busting on “First DWIs Don’t Matter”

If you see yourself as a Kevin/Tyler - Unaware Weekend-Driver, you might have assumed that a first DWI would be like a big speeding ticket and not a life‑changing event. A common myth is that “everybody gets one” and it will just go away.

The truth is different. Even a first‑time DWI in Texas is a criminal offense that can affect your license, your insurance rates, and your future job options. It may be possible to limit the damage, but treating it as a minor traffic problem is a mistake that can cost you more in the long run.

Elena/Sophia Nurse - Licensed-Professional Worrier: Professional Licenses and Reporting Rules

If you identify with the Elena/Sophia Nurse - Licensed-Professional Worrier persona, your biggest concern might not be jail but your license. Nurses, teachers, engineers, CDL drivers, and many other licensed professionals in Texas must report certain criminal charges or convictions to their boards or employers.

For a nurse in Houston, for example, a DWI arrest or conviction can trigger mandatory reporting, board investigations, or monitoring requirements. Missing the ALR hearing deadline can also look bad to a licensing board, because it suggests a failure to respond promptly to legal notices.

If your profession requires a clean record or careful self‑reporting, it is critical to understand both the criminal side and the licensing side of your situation. Early action, accurate information, and careful documentation can make a major difference in how your board views your case.

Common Misconceptions About Texas DWI and Your Record

People in Houston and around Texas often share the same misunderstandings about DWI and criminal records. Clearing these up can help you make better choices.

• Misconception 1: “If I get probation, it won’t be on my record.”
  In reality, a conviction with probation still shows as a conviction on your criminal history unless specific steps are taken later to seal or clear it, and not all cases qualify.
• Misconception 2: “DWI falls off your record after 7 or 10 years.”
  Texas does not automatically erase DWI convictions after a set time. They can remain on your record indefinitely.
• Misconception 3: “If my license is suspended, that means I’m guilty of DWI.”
  License suspensions often come from the ALR process, which is separate from the criminal case and has its own rules and deadlines.
• Misconception 4: “A DWI in one county will not show up if I apply for a job in another.”
  Modern background checks pull information statewide and beyond. A DWI in Harris County can show up when you apply for work in surrounding counties or even in another state.

For someone like you who is worried about a steady paycheck and long‑term career, understanding these truths is more important than listening to myths passed around the job site or in a group chat.

Key Steps After a Texas DWI Arrest to Protect Your Record

While every case is different, there are some general steps that help protect your record and your future after a DWI arrest in Texas.

1. Pay attention to all deadlines

The ALR 15‑day window is short, and criminal court dates can come quickly. Missing a deadline can cause automatic license suspensions or additional problems in your case.

2. Gather and preserve evidence

Write down what you remember about the stop, tests, and arrest while it is still fresh. Save any text messages, receipts, or other items that could show your timeline or how much you actually drank. This information can become valuable when your lawyer reviews the evidence.

3. Be careful what you say at work and online

It is natural to want to talk to coworkers or post about your experience, but public comments can be screenshotted, misquoted, or used against you. Limiting how widely you talk about the details can help protect your reputation and your case.

4. Learn your options before deciding how to plead

Pleading guilty quickly just to “get it over with” can feel tempting, especially when you want to show your employer that you are taking responsibility. However, a quick plea can lock in a conviction that will sit on your criminal record indefinitely. Understanding possible defenses, reductions, or alternative resolutions before making a decision is usually the safer path.

Frequently Asked Questions About “Would a DUI Be Considered a Crime in Texas?”

Is DWI a crime in Texas or just a serious traffic ticket?

DWI is a criminal offense in Texas, not just a traffic ticket. It is charged under the criminal statutes and handled in county criminal courts, which means it can create a criminal record that shows up on background checks.

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

There is no automatic expiration date for a DWI conviction on your Texas criminal record. Unless the case is dismissed, you are found not guilty, or you qualify for record‑sealing relief, it can remain visible to law enforcement and many background check companies indefinitely.

Is a first DWI in Texas a misdemeanor or a felony?

Most first DWIs in Texas are Class B misdemeanors, which carry up to 180 days in jail and fines plus possible license consequences. However, if your blood alcohol concentration is 0.15 or higher or there are other factors, it can be charged more harshly, including as a Class A misdemeanor.

Can a Texas DWI be expunged or sealed from my criminal record?

Some DWI cases can be expunged or sealed, but many cannot, and eligibility depends heavily on the facts and outcome. Dismissals, certain acquittals, and limited types of DWI dispositions may open the door to expunction or nondisclosure, while standard DWI convictions often stay on your record.

Will my employer in Houston find out about my DWI?

Many employers run background checks that will show a DWI arrest or conviction as a criminal record entry. This is especially common for jobs that involve driving, safety‑sensitive duties, or professional licensing, so it is wise to assume that a thorough check could reveal your case.

Why Acting Early on a Texas DWI Matters for Your Record and Your Job

When you are juggling work, family, and court dates, it can be tempting to ignore the big picture and just hope things work out. But with DWI, delay usually makes everything harder: license suspensions start, evidence gets older, and options can quietly close.

Acting early does not mean panicking. It means learning how Texas classifies your DWI, understanding the difference between the criminal case and the ALR process, tracking your deadlines, and making informed choices about your next steps. Whether you are a construction manager in Harris County, a nurse working night shifts, or a professional with a reputation to protect, getting clear on these basics can lower your stress and help you protect your record as much as the law allows.

If you still feel unsure about whether your “DUI” is a crime, how it will show up on your record, or what that means for your future, consider talking directly with a qualified Texas DWI lawyer who handles cases in Houston and nearby counties. A focused review of your paperwork, your facts, and your goals can make a real difference in how this chapter affects the rest of your life.

For a short, plain‑language walk‑through of what it means for a DWI or DUI to stay on your Texas criminal record, including how convictions affect employment and record‑sealing options, you can also watch this video explainer from Butler Law Firm.

Butler Law Firm - The Houston DWI Lawyer
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