Does a DWI stay on my record in San Antonio Texas?

A DWI conviction is a permanent mark on a person’s record that does not go away. There may still be a number of options for individuals who have a DWI case pending in Bexar County, San Antonio, Texas.

Under Texas law, Deferred Adjudication is not available for DWI cases. If a person is placed on probation for a DWI, that will be a final conviction that cannot be expunged or sealed in any way.

In Bexar County, a DWI may be reduced to Obstruction of a Highway charge if certain conditions are met. First, the DWI must be a first DWI with no prior DWI history, whether that be a previous DWI charge or a previous reduction to Obstruction of Highway. Second, the BAC, or blood alcohol content must have been lower than .15. Whether the BAC was obtained by a blood draw or breathalyzer, it must be below that threshold. There must also be no accidents associated with the DWI, including running into other vehicles, etc. If a person meets this criteria, they may be eligible for a reduction to an obstruction charge. With an obstruction charge, deferred adjudication eligibility then becomes an option. If deferred adjudication is obtained, then the charge will not result in a final conviction.

Another option for a person facing DWI charges would be to fight the case with the jury trial. There may be a number of potential consequences associated with taking responsibility for the offense even when reduced to an obstruction charge. For this reason, having an experienced San Antonio DWI attorney is vital.

Jesus R. Lopez

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