50+ Consequences of DWI
The Law Offices of Tad Nelson & Associates
DWI Attorney Representation in Houston, Texas since 1992
Court-related Consequences
- When convicted of DWI in Texas the CONVICTION is FINAL. There is no Deferred adjudication, no Petition for non-disclosure, and certainly no Expunctions. Once convicted it is on your criminal record FOREVER.
- JAIL - up to 12 months on a misdemeanor offense; and up to 10 years in The Penitentiary on a first time felony DWI.
- Fines - Misdemeanor - up to $4000; - Felonies- up to $10,000.
- State surcharges - Misdemeanor - minimum of $1,000 per year for three years, with greater amounts up to $2,000 for multiple offenders or offenders with high (.15) breath test results also up to three years.
- Probation periods of up to 2 years on a misdemeanor, and 10 years on a felony. Although probation is not always available in all courts for a first time felony charge; therefore the DEFENDANT may end up in the Penitentiary on a first time felony.
- Ignition interlock - the “blow and go device” - will be required on virtually all repeat offenses. This will also be a condition of bond on all defendants with prior convictions as well as a condition of any Occupational license issued.
- There will be many conditions of probation that will include reporting to a probation officer, taking a 24 hour DWI, attending a presentation by the Mothers Against Drunk Drivers, probation fees, etc, etc. Pretty much anything else the Judge decides.
- DWI is the only motor vehicle offense that is reported to the State Criminal Database (TCIC) and the National Criminal Database (NCIC). The NCIC is kept by the FBI; never a good thing when they open a file on you!
- A first conviction starts the ball rolling on enhanced punishments. DWI in the State of Texas is punished progressively; the next one is always going to be worst.
- Community service hours - starting as low as 24 hours for the first misdemeanor and progressing all the way up around 500 for some felonies.
- Attendance at a 12 or 30 hour DWI education class as a precondition to the State returning your driving privileges. You may also b e ordered to attend a Victim Impact Panel (VIP), which is a presentation of the impact of DWI put on by MADD (Mothers Against Drunk Drivers).
Drivers License Consequences
- License suspension (length varies, depending on priors DWI convictions and dates of those prior convictions).
- Sr-22 (assigned high risk insurance with higher rates) for several years under certain conditions.
- If caught driving on a suspended license there is a very real possibility of jail time if convicted.
- Commercial license will be suspended for one year on a first DWI conviction, no exceptions!
- If driving on an occupational license (restricted driving permit) outside the court approved hours and locations you could get arrested for a new misdemeanor offense and could be looking at a possibility of jail time.
- When arrested for DWI your "physical license" is confiscated at the time of arrest and a temporary permit is issued. This will cause problems renting cars and boarding airlines.
Insurance Consequences
- Increased insurance costs on auto, life, and possibly health insurance.
- Life insurance companies will typically deny policy issuance or raise rates (you won’t qualify for the best “preferred risk” rates.
- Health insurance (individual policy) rates can be increased or policy denied.
- If in an accident that would be covered by worker's compensation law, claim could be denied if proof of DWI causing your injuries is proven such that your benefits can be denied.
- When driving on a restricted use permit (occupational license) you must have SR-22 insurance.
Travel and Immigration Consequences
- Denial of naturalization (not allowed to become U.S. citizen) for 5 years after DWI case is closed.
- Possible deportation from U.S. to country of origin, if not a U.S. citizen.
- Total denial of ability to immigrate to some countries (e.g. Canada).
- "Green" card renewal or work visa can be denied or delayed.
- Business or personal trips to some foreign countries, such as Canada, could be blocked or extremely difficult to obtain.
- If no proper proof of legal residency in U.S.A., you may be detained by a county sheriff or municipal detention office for I.N.S. (federal immigration).
- Travel from U.S.A. and back to the U.S.A. can be delayed at customs, or even prohibited altogether.
- Restriction on being able to ship a hunting rifle to some countries for sporting or recreational purposes, if DWI conviction on record.
Employment Consequences
- Professional license applications and renewals always ask questions about convictions including DWI. Lawyers in particular are responsible to self-report to the State Bar every year. The "Licensed professions" can withhold or delay licensure or initiate revocation proceedings (State Bard, Medical Boards).
- If a licensed broker under federal or state securities laws, can lose ability to be a broker (series 7, series 63).
- Job applications - must always check the “yes” when asked about convictions.
- Employee manual from job may require disclosure to Human Resource departments. Then the company officials will decide your fate.
- Loss of company vehicle with associated loss of the financial savings from not having to own or maintain another vehicle.
- Loss of company insurance for a company owned-issued vehicle.
- If you do business with Hertz or Avis and the license check shows a DWI conviction the rental company may deny access to a vehicle.
- Commercial drivers license may lost or suspended.
- Concealed weapons permits may be denied. (which could result in loss of employment).
- Some industries/employers will terminate immediately on conviction (pharmaceutical sales companies, State Farm Insurance employees, many companies in the aerospace industry).
- Security clearance will be denied or revoked at military bases or similar businesses that “contract” with the U.S. Government on high security clearance (nuclear plants, and many of the properties at Nasa).
- Military career may be over or future advancement could be denied based on DWI conviction.
- Personnel in military who are about to be deployed to combat duty can be pulled out of deployment and may be discharged from military service, possibly by general discharge or even dishonorable discharge.
- Denial of admission to many professional schools (e.g. law schools, medical schools, nursing schools, physical therapy certifications).
- Military superior officers may sanction any service member by denying privileges on the base and impose other duty restrictions.
- Teachers can lose job in certain schools and counties; both public and private.
- All branches of military will delay your enlistment until all probation is terminated.
- "Pouring" license (bartender) to serve alcohol can be denied if you have a DWI conviction.
- College sports athletes can lose scholarship is convicted of DWI. SOME SCHOOLS WILL SUSPEND JUST FOR BEING CHARGED.
- Cosmetologists license can be suspended for repeat DWI offenders.
- Doctors and dentists can be suspended from practice until "rehabilitated" for alcohol dependency or drug dependency. DEA permit to dispense medications such as anesthesia or hydrocodone can be withdrawn permanently or for a period of time.
- Pro athletes with repeated DWI offenses can be banned from League until and unless rehabilitated.
Financial Consequences
- Civil judgment, including punitive damages, when having an accident if it was related to a DWI.
- In ability to rent apartment in "trendy" or “happening” areas, because tenant is considered a higher risk.
- Credit score will be negatively affected by DWI conviction being reported.
- Interested rates for loans, including home loan, may be higher or with high-risk loan company.
- Alcohol and drug dependency screening may indicate treatment is needed. If treatment is needed and ordered it could cost thousands of dollars to complete.
- Cannot buy new car without FULL plastic license in your possession (Homeland Security Act).
- Restitution. As part of probation you will be ordered to pay any DWI related property damage and medical bills to any injured parties.
- Probation fees typically run $50 to $60 dollars per month.
Unrelated Legal Consequences
- Concealed weapon permit can be denied.
- No opportunity for a "deferred probation" on a DWI offense.
- If a repeat offender, as a condition of bond you will be required to meet certain conditions on the new DWI, such as installing an ignition interlock device on ANY vehicle you drive.
- If convicted of a felony DWI, you cannot possess any firearms or ammunition. Texas Penal Code § 46.04 & 18 U.S.C. § 922.
Other Inconveniences and Nuisances
- If called for jury duty you will have to answer questions about prior convictions, including DWI.
- Court records are available online. Your neighbors are snooping about you on “the google”.
- Police blotters in weekly neighborhood we assist in getting information to your neighbors.
- Traveling through airports without some form of identification is impossible. A passport can take up to two months to obtain, especially if you apply without a driver’s license.
- Needing a passport to cash a check will definitely start people talking.
- Letter writing campaign directed at you by MADD or other advocacy groups. Often MADD will show up in court wearing the ribbons in an effort to influence the judge and the prosecutor. In some jurisdictions MADD even grades judges and prosecutors.
- If you have had multiple arrest for DWI (referred to as DWI contact) you may not even be allowed to get an occupational license for 180 days.
