Let’s say you had a DWI conviction years ago. Your driving record has been exemplary since the conviction. Can you get that conviction removed from your record? The answer is…maybe. Having a DWI conviction erased (which, in legal terms, is an expungement) depends on a variety of factors.

In Texas, you must have either had your case dismissed without probation and not pled to any offense that arose out of the DWI arrest or you were found not guilty by a judge or jury, according to Tex. Code Crim. Proc. § 55.01. To make matters worse, if your DWI case was dismissed without probation, you still cannot get a driver’s license suspension removed from your record.

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A lawyer can only do so much. If you make certain decisions or take certain actions, you can severely hinder your case and make it much more difficult for your Austin DWI defense lawyer to mitigate the charges, or get you acquitted. Below are five ways to ensure you actually lose your Austin criminal defense case

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When you are arrested for driving under the influence (“DWI”), it is imperative that you take the charges seriously. Depending on the circumstances, you could face a stiff jail sentence, large fines and high court costs. After you are arrested for a DWI, and released, there are certain things that you should avoid doing.

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One of the most widely known and charged offense across the United States, including Texas, is driving while intoxicated (“DWI”). Under Texas Law, an individual is charged with a DWI when he or she, while intoxicated by drugs or alcohol, operates a motor vehicle. Even if you are sleeping in a parked motor vehicle, you could still be charged with a DWI. DWI charges carry hefty penalties, fines and even significant jail time. It is important that you understand the consequences of drinking and driving, as well as relevant DWI laws in Texas.

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When stopped for DWI, it used to be that you should simply refuse everything. Refuse the field sobriety tests, refuse the breath test, refuse the blood test, say as little as possible and ask for a lawyer. Assuming you had more than a few, this used to be a good plan (if you really only had two beers, you should probably be giving a blood test).

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In 2009, Texas legislators passed a law that allows a police officer to conduct a forced blood draw when a person is suspected of driving while intoxicated (DWI) in certain situations. However, many defense attorneys, legal scholars, and advocates have voiced concerns over the legality of a warrantless forced blood draw during a DWI.

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As a deterrent to drivers that have been convicted of driving while intoxicated (DWI), the court may impose the penalty of the installation of ignition interlock devices in every vehicle that the driver uses. However, recent developments in the technology of ignition interlock devices have also caused serious problems for drivers even when they are obeying the law.

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