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DWI Conviction in Texas — Penalties, Long-Term Consequences & What to Do Now

Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102, but statutory exclusions apply, and some qualifying DWI dispositions may be eligible for an order of nondisclosure. No expungement. It follows you through every background check, every license renewal, every job application — indefinitely. If you’ve been charged with DWI in San Marcos or Hays County, the time to stop a conviction is now, not after one happens. Former prosecutor Allison Tisdale on staff. Trial-tested criminal defense. 960+ dismissals or rejected cases since 2021. Call 737-937-5786.

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Litigator of the Year 2023 — DWI conviction defense attorney Mark Hull Hays CountyMark Hull
Expertise.com Best DWI Defense Lawyers San Marcos Hays County TexasMark Hull*
National Trial Lawyers Top 100 — DWI defense Hays County TexasMark Hull — 2022
Top 40 Under 40 — Allison Tisdale former prosecutor DWI conviction defenseAllison Tisdale — 2022
Lawyers of Distinction — DWI defense attorney San Marcos TexasMark Hull
Criminal Defense Top 10 Attorney — DWI conviction defense Hays CountyMark Hull

*Based on the quality and quantity of reviews and average minimum rating for a law firm practicing criminal defense in Austin, TX researched by expertise.com

What a DWI Conviction in Texas Actually Means — And Why Avoiding One Is the Only Real Goal

A DWI conviction in Texas under Penal Code §49.04 is a permanent criminal conviction. Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102, but statutory exclusions apply, and some qualifying DWI dispositions may be eligible for an order of nondisclosure. Second, a DWI conviction cannot be expunged under any circumstance. Those two facts together mean that a conviction stays on your record indefinitely — visible on every background check, every professional license application, and every immigration filing for the rest of your life.

I’ve defended DWI cases in Hays County and surrounding courts for over 20 years. The single biggest misconception I see is that people think a first DWI is a minor matter they can deal with a guilty plea and move on from. It isn’t. The criminal penalties — up to 180 days in county jail and a $2,000 fine on a first offense, escalating to 2–10 years in prison on a third — are serious enough. But the real long-term cost is the permanent record, the career impact, the insurance consequences, and the licensing consequences that follow a conviction for years after the case is closed.

Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining our firm. She understands exactly how DA Kelly Higgins’s office evaluates DWI evidence, where these cases have weaknesses, and what it takes to get a Hays County DWI case dismissed. Dismissal, reduction, deferred adjudication where available, and nondisclosure where available can have different record consequences, so each option should be evaluated on the facts of the case. Call 737-937-5786 the moment of arrest.

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DWI conviction defense attorneys San Marcos — Mark Hull and Allison Tisdale explaining permanent record consequences

The Two Facts About Texas DWI Law That Change Everything

Many criminal charges in Texas can be resolved through deferred adjudication, which lets a defendant complete supervision and have the case dismissed without a conviction. For DWI, that path is narrower: statutory exclusions apply, and some DWI cases are not eligible.

Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102, but statutory exclusions apply. Eligibility depends on the exact charge, BAC allegation, prior history, commercial-license status, and other statutory factors.04 through §49.08. There is no probation-without-conviction option. A plea of guilty or no contest to a DWI charge is a permanent conviction on day one.

Fact two: A DWI conviction cannot be expunged in Texas under any circumstances. Texas Chapter 55 expungement — which can clear dismissed charges and arrests from every agency’s records — is unavailable for convictions. An order of non-disclosure, which seals records from public view for some offenses, is also unavailable for DWI convictions. Once convicted, the record is permanent and public.

These two facts define the only rational defense strategy: fight the case on every available ground, push for dismissal, and if the case is dismissed, file for expungement immediately. A dismissed DWI can be expunged under Chapter 55 — meaning the arrest itself disappears from background checks. Dismissal, reduction, deferred adjudication where available, and nondisclosure where available can have different record consequences, so each option should be evaluated on the facts of the case.

DWI Conviction Penalties in Texas — Every Charge Level

Penalties escalate sharply with each offense and each aggravating factor. Here is what each conviction level carries under Texas law.

Charge Class Jail / Prison Fine License Suspension
1st DWIPenal Code §49.04 — BAC < 0.15 Class B Misd. 72 hrs – 180 days Up to $2,000 90 days – 1 year
1st DWI, BAC ≥ 0.15Penal Code §49.04(d) — enhanced Class A Misd. Up to 1 year Up to $4,000 90 days – 1 year + mandatory IID
2nd DWIPenal Code §49.09(a) Class A Misd. 30 days – 1 year Up to $4,000 180 days – 2 years
3rd+ DWIPenal Code §49.09(b) — felony 3rd Degree Felony 2 – 10 years TDCJ Up to $10,000 Up to 2 years
DWI w/ Child Passenger (<15)Penal Code §49.045 State Jail Felony 180 days – 2 years Up to $10,000 Up to 2 years + CPS referral
Intoxication AssaultPenal Code §49.07 — serious bodily injury 3rd Degree Felony 2 – 10 years TDCJ Up to $10,000 Up to 2 years + mandatory IID
Intoxication ManslaughterPenal Code §49.08 — death 2nd Degree Felony 2 – 20 years TDCJ Up to $10,000 Up to 2 years + mandatory IID

All felony DWI convictions also carry collateral consequences including loss of voting rights, firearm rights, and the right to serve on a jury. A third-degree felony DWI conviction cannot be expunged or sealed under Texas law. These consequences are permanent.

Long-term consequences of DWI conviction Texas — career, licensing, insurance, and background check impact

How a DWI Conviction Follows You — The Consequences That Last

The jail time and fine are the visible part of a DWI conviction. The part that actually reshapes someone’s life plays out over years afterward. Here is what a Texas DWI conviction actually costs beyond the courtroom.

📅 Criminal Record Consequences

A DWI conviction generally cannot be expunged, though some qualifying convictions may later be eligible for nondisclosure. Until then, it can be visible on every criminal background check indefinitely. No expungement. No non-disclosure. No expiration. Employers, landlords, and licensing boards see it for the rest of your life.

💼 Employment

A DWI conviction on a background check eliminates candidates from consideration for many positions outright — particularly any role requiring driving, security clearance, financial trust, or professional licensing. Texas employers are permitted to inquire about misdemeanor and felony convictions. Federal employers and contractors run more extensive checks. For a third-offense felony DWI, the right to hold certain types of employment is restricted by law.

🚗 CDL — Federal Disqualification

Under federal regulation, a DWI conviction in a personal vehicle disqualifies a CDL holder from operating any commercial motor vehicle for one year. A second DWI conviction anywhere results in lifetime CDL disqualification. This applies regardless of whether the arrest occurred in a commercial vehicle. For professional truck drivers, that’s career-ending.

🏫 Professional Licensing

Healthcare professionals (RNs, LVNs, physicians, pharmacists), attorneys, teachers, real estate agents, and dozens of other licensed professionals in Texas must disclose DWI convictions to their licensing boards. Consequences range from mandatory disclosure to license suspension, revocation, or denial of renewal. The Texas Medical Board, Board of Nursing, and State Bar of Texas all have specific disciplinary processes for criminal convictions.

✈️ International Travel

Canada treats a DWI conviction as an equivalent to impaired driving under Canadian law, which is an indictable offense. Travelers with a DWI conviction on their record are routinely denied entry at the Canadian border. Several other countries apply similar restrictions. A felony DWI conviction can also complicate or disqualify passport applications in certain circumstances.

🏥 Housing

Most residential landlords and property management companies run criminal background checks. A DWI conviction — particularly a second offense or felony — disqualifies applicants from many rental properties and apartment communities. This is a direct financial and life consequence that most people never anticipate at the time of arrest.

🔒 Auto Insurance

A DWI conviction triggers SR-22 certificate of financial responsibility filing requirements with the Texas DPS. Insurance carriers treat a DWI conviction as a high-risk indicator and increase premiums significantly — typically doubling or more — for several years post-conviction. Some carriers cancel policies entirely. The cumulative insurance cost over three to five years post-conviction often exceeds the criminal fines.

🎖 Military & Security Clearance

A DWI conviction can result in administrative separation proceedings in all branches of service. For active duty personnel, it triggers mandatory reporting and can affect promotion eligibility, security clearance status, and deployment assignments. For reserve and National Guard members, it can affect federal technician employment. A felony DWI conviction is generally disqualifying for most clearance levels.

DWI conviction defense strategy San Marcos — how to fight before conviction in Hays County courts

How We Fight a DWI Before It Becomes a Conviction in Hays County

Everything on this page describes what happens after a conviction. The job of a defense attorney is to stop the conviction from happening. Here is how that looks in Hays County.

01
File the ALR hearing request immediately

Day one of representation. This protects the license during the criminal case and creates a critical discovery advantage: the ALR hearing places the arresting officer under oath before any criminal proceeding, locking in testimony we can use — and challenge — in the DWI case itself.

02
Challenge the legality of the stop

DWI arrests in Hays County frequently start on IH-35 between Kyle and San Marcos, on CM Allen Parkway, or on Wonderworld Drive. Many originate from minor equipment violations, lane drift, or checkpoint stops. If the stop lacked legally sufficient reasonable suspicion under the Fourth Amendment, we move to suppress the entire arrest under Texas Code of Criminal Procedure Chapter 38. A successful suppression motion typically ends the case.

03
Attack the field sobriety test administration

NHTSA standardized field sobriety tests — the HGN, walk-and-turn, and one-leg-stand — are only validated when administered exactly as specified. We review every available dashcam and bodycam recording for deviations from protocol: improper instructions, non-standardized surface, inadequate lighting, failure to check for medical conditions. Any deviation undermines the reliability of the result and weakens the prosecution’s impairment evidence.

04
Dismantle the BAC evidence

Breath test results depend on a properly calibrated Intoxilyzer, a certified operator, and a documented chain of custody. Blood draws require proper collection protocol, properly controlled lab analysis, and documented quality assurance. We pull the calibration records, operator certifications, maintenance logs, and lab QA documentation on every case. These records produce suppression and exclusion arguments more often than most attorneys expect. See our page on BAC evidence challenges.

05
Engage DA Kelly Higgins’s office with documented legal arguments

Allison Tisdale prosecuted DWI cases as a Texas state prosecutor. Her prior prosecutorial experience provides firsthand perspective on how criminal cases are evaluated and prepared, and it informs the firm’s review of evidence, procedure, and defense strategy. We don’t negotiate from a position of just hoping for a break — we go in with specific documented grounds.

06
Go to trial when the evidence supports it

If the evidence gives us a path to an acquittal, we take it to trial. Mark Hull has tried DWI cases to verdict in Hays County, Travis County, and Williamson County courts. Most DWI attorneys in this area do not try cases. The willingness to go to trial changes how the prosecutor evaluates the case at every prior stage — it is not a last resort, it is a tool.

DWI felony conviction Texas Penal Code — second and third offense escalation Hays County courts

Second and Third DWI — When a Misdemeanor Becomes a Felony

A second DWI conviction in Texas escalates to a Class A misdemeanor under Penal Code §49.09(a): up to one year in jail, up to a $4,000 fine, and a license suspension of 180 days to two years. The minimum mandatory jail time jumps from 72 hours to 30 days. The prosecution will use the prior conviction as an enhancement, and DA Kelly Higgins’s office handles repeat DWI cases more aggressively than first offenses.

A third DWI conviction crosses into felony territory: a third-degree felony under Penal Code §49.09(b), punishable by 2–10 years in the Texas Department of Criminal Justice and up to a $10,000 fine. This is a prison-range sentence, not county jail. A convicted felon in Texas loses the right to vote, the right to possess firearms, and eligibility for many professional licenses — permanently, unless rights are restored through a full pardon.

The enhancement provisions in Texas DWI law also mean that prior DWI convictions from other states count. If someone has a prior out-of-state DWI and is arrested for DWI in Hays County, the prior conviction can be used to enhance the charge. We evaluate the prior conviction’s validity and admissibility as part of the defense strategy on every enhanced DWI case.

For second and third offense cases in Hays County, our approach is the same as any other DWI: start with the stop, move to the field sobriety tests, attack the BAC evidence, and build the case for dismissal or acquittal. The higher stakes on a repeat offense make aggressive defense even more critical — not less.

The Credentials That Matter When a Conviction Is on the Line

Mark Hull has practiced criminal defense in Texas for over 20 years. He has tried criminal cases to verdict in Hays County, Travis County, Williamson County, and Caldwell County. Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102, but statutory exclusions apply, and some qualifying DWI dispositions may be eligible for an order of nondisclosure.

Allison Tisdale prosecuted DWI cases as a Texas state prosecutor before joining our firm. That’s not a marketing line — it means she has seen the evidence from the other side of the table, she knows how DA Kelly Higgins’s office evaluates what it has, and she knows exactly where the weak points in a DWI prosecution tend to be. Mark Hull was recognized as Litigator of the Year 2023 by the American Institute of Trial Lawyers and named to the National Trial Lawyers Top 100. We carry a 5.0 rating across 363 Google reviews. 960+ dismissals or rejected cases since 2021 across Hays County, Travis County, Williamson County, and surrounding courts.

◆ Trial-Tested Criminal Defense

20+ years of Texas criminal defense experience. Mark Hull has tried DWI cases to verdict in Hays County, Travis County, and Williamson County.

◆ Former State Prosecutor on Staff

Allison Tisdale prosecuted DWI cases before joining the defense. She knows how Hays County prosecutes these cases — and where they break down.

◆ We Take Cases to Trial

Most DWI attorneys in this area don’t try cases. We do. That changes how the prosecution values your case at every stage before trial.

◆ 960+ dismissals or rejected cases since 2021

Across Hays County, Travis County, Williamson County, and surrounding courts — including first, second, and enhanced DWI charges.

960+dismissals or rejected cases since 2021
5.0Google Rating
20+Years in Hays County Courts

DWI Conviction Questions — Hays County & San Marcos

What clients ask us most about DWI convictions in Texas — answered with specific statute citations and Hays County court details.

No. A DWI conviction cannot be expunged in Texas under any circumstances. Texas Chapter 55 expungement — which can remove dismissed charges, acquittals, and arrests from your record — is unavailable for convictions. Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102, but statutory exclusions apply, and some qualifying DWI dispositions may be eligible for an order of nondisclosure. Both tools are explicitly closed for DWI convictions. The only time a DWI record can be cleared is if the charge was dismissed before conviction, in which case expungement under Chapter 55 is available. This is why the entire defense strategy is built around preventing the conviction, not managing it after the fact.

A first DWI conviction under Penal Code §49.04 with a BAC below 0.15 is a Class B misdemeanor: minimum 72 hours in jail up to 180 days, up to a $2,000 fine, and a license suspension of 90 days to one year. If the BAC was 0.15 or above, the charge enhances to a Class A misdemeanor: up to one year in jail, up to a $4,000 fine, and a mandatory ignition interlock device as a condition of any probation. Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102, but statutory exclusions apply, and some qualifying DWI dispositions may be eligible for an order of nondisclosure. Court costs, DWI education program costs, ignition interlock fees (if applicable), and insurance premium increases add thousands of dollars beyond the statutory fine. The real first-year cost of a DWI conviction in Texas routinely exceeds $10,000.

A second DWI conviction under Penal Code §49.09(a) is a Class A misdemeanor: 30 days to one year in jail, up to a $4,000 fine, and a 180-day to 2-year license suspension. The minimum mandatory jail time jumps significantly from the first offense. A third DWI conviction under §49.09(b) is a third-degree felony: 2–10 years in the Texas Department of Criminal Justice (state prison, not county jail) and up to a $10,000 fine. A felony DWI conviction carries additional permanent consequences: loss of the right to vote, right to possess firearms, and right to serve on a jury. Felony convictions also permanently disqualify holders from many professional licenses, security clearances, and federal employment. Prior DWI convictions from other states can be used as enhancements under Texas law.

No — and this is the single most important fact about Texas DWI law. Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102, but statutory exclusions apply, including for certain intoxication assault and intoxication manslaughter charges.04 through §49.08, which covers every DWI charge from a standard first offense through intoxication manslaughter. Deferred adjudication allows defendants in most other misdemeanor and felony cases to complete probation and have the conviction set aside, avoiding a permanent record. That option does not exist for DWI. Every plea of guilty or no contest to a DWI charge in Texas is a permanent conviction from the moment it is entered, with no mechanism to set it aside afterward.

A DWI conviction triggers a separate administrative license suspension through the Texas DPS in addition to any criminal court penalties. For a first offense, the suspension runs 90 days to one year. For a second offense, 180 days to two years. For a third offense, up to two years. The license suspension from a conviction is separate from — and in addition to — any Administrative License Revocation suspension that may have already been imposed at the time of arrest. If an ALR suspension was served pending the criminal case, that does not reduce or replace the conviction-based suspension. When representation includes the ALR proceeding, the firm acts promptly to request the hearing before the applicable deadline.

Federal regulation requires a one-year CDL disqualification for a first DWI conviction, regardless of whether the arrest occurred in a commercial or personal vehicle. A second DWI conviction anywhere results in lifetime CDL disqualification under federal law — no exceptions, no appeals, no reinstatement. The State of Texas applies these federal standards through TxDMV. For professional drivers, this is often the single most serious consequence of a DWI conviction — more significant even than the criminal penalties. We treat every DWI case involving a CDL holder with the same urgency as any felony, because the career consequences are equivalent.

This is one of the most common surprises clients face after a DWI conviction. Canada treats a DWI conviction as the equivalent of impaired driving under Canadian law, which is classified as an indictable offense — roughly the equivalent of a felony. Travelers with a DWI conviction are routinely denied entry at the Canadian border under the Immigration and Refugee Protection Act. The denial applies regardless of how old the conviction is, unless the individual has obtained a special waiver (Temporary Resident Permit) or applied for Criminal Rehabilitation with Citizenship and Immigration Canada. The process is expensive, time-consuming, and not guaranteed. A dismissed charge that has been expunged, on the other hand, does not trigger the same barrier.

An ignition interlock device (IID) is required as a condition of probation for any DWI conviction involving a BAC of 0.15 or above, or for a second or subsequent DWI offense. Judges also have discretion to require an IID as a bond condition or probation condition on first-offense DWI convictions even when not legally mandated. The device requires a breath sample before the vehicle will start and logs every test result. Installation typically costs $75–$150, with monthly monitoring fees of $60–$90. The IID requirement period varies by judge and offense level but commonly runs 6 to 12 months on a first offense. Violation of the IID requirement — tampering or attempting to circumvent the device — is a separate criminal offense in Texas.

DWI charges in Hays County — whether first, second, or enhanced — are handled by the Hays County Courts at Law at 712 S. Stagecoach Trail, San Marcos, TX 78666. DA Kelly Higgins’s office handles all DWI prosecutions. Felony DWI charges (third offense, intoxication assault, intoxication manslaughter) go to the Hays County District Courts. We appear in both courts regularly. We know how this office evaluates evidence, how the judges in these courts approach DWI cases, and how to build a defense that is calibrated specifically to how Hays County prosecutes these charges — which is not the same as Travis County or Williamson County.

Call 737-937-5786 the day of the arrest. Do not make statements to law enforcement beyond providing your identifying information. Invoke your right to counsel immediately and clearly. The 15-day ALR deadline starts at the moment of arrest — not when you are released, not when charges are filed. Every day without an attorney is a day the other side is building its case. When representation includes the ALR proceeding, the firm acts promptly to request the hearing before the applicable deadline. The window to challenge the most important evidence is time-sensitive. Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102, but statutory exclusions apply, and some qualifying DWI dispositions may be eligible for an order of nondisclosure.

DWI Defense Resources — San Marcos & Hays County

Related pages covering every aspect of DWI charges, penalties, and defense in San Marcos and Hays County.

San Marcos DWI Lawyer

Full DWI defense hub for Hays County — all charge types, courts, ALR process, and defense strategies.

First-Time DWI Defense

Dismissal, reduction, deferred adjudication where available, and nondisclosure where available can have different record consequences, so each option should be evaluated on the facts of the case.

DUI Defense Lawyer

Underage DUI under §106.041 — zero-tolerance law, how DUI escalates to DWI, and the Hays County ALR process.

BAC & Breath Test Challenges

How BAC is measured, what can go wrong, and how we challenge breath and blood test evidence in Hays County courts.

Texas DWI Laws

Full breakdown of every DWI statute, charge level, and enhancement under Texas Penal Code.

IH-35 Corridor DWI

Enforcement patterns on IH-35 through Kyle, San Marcos, and Buda — and the defense angles that matter most.

Expungement San Marcos

How to clear a dismissed DWI arrest from your record under Texas Chapter 55 — eligibility, process, and what it covers.

Hays County Courts Guide

Full guide to the Hays County Courts at Law, District Courts, and Municipal Courts — and what to expect at each stage.

What Our Clients Say

Read reviews from clients across Hays County, Travis County, and Central Texas.

RL
Ronnicka Lopez
★★★★★
Google

“After two years, the case was dismissed and dropped. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect. Mrs. Allison is such an amazing and sweet lady — the whole team. I see exactly why they received multiple awards for best law firm in the state.”

BS
Blake Shires
★★★★★
Google

“My case was dismissed. Mr. Hull was patient, attentive, and consistently communicative from start to finish. He explained every step and made sure I felt supported throughout. I highly recommend Mark Hull and The Hull Firm.”

SH
Shawn Hallman
★★★★★
Google

“These attorneys were responsive, intelligent, and relentless. I appreciated how they always had a plan and stayed one step ahead. If you’re facing criminal charges, you want them on your side.”

Facing a DWI in San Marcos or Hays County? The Time to Act Is Now.

Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102, but statutory exclusions apply, and some qualifying DWI dispositions may be eligible for an order of nondisclosure. No expungement. DA Kelly Higgins’s office starts building its case the moment of arrest. So do we — the day you call. Our San Marcos DWI defense team is available 24 hours a day at 737-937-5786.

Free Consultation 737-937-5786

For educational purposes only. Not legal advice. Contact us for a free, confidential consultation specific to your case.

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