Can a DWI Be Expunged?

In Texas, you cannot get a DWI conviction expunged. Now you could get a driving while intoxicated arrest expunged but only if it was either outright dismissed or you were found not guilty at trial. Those are the only two ways to get it expunged itself. Now what you will commonly see is the prosecutors will come back and they'll offer a reduction of the charge. Let's say we're going through the process and a prosecutor agrees to reduce your charge to obstruction of a highway, which is a commonplace feeler when they reduce a DWI.

What that actually is is the dismissal of the DWI charge itself and they refile it as the obstruction of a highway charge, which is not alcohol related, you don't have the surcharges that go with it but because it's a reduction not an outright dismissal you can't get that expunged. So that will still show as DWI arrest but the final disposition was obstruction of a highway.

It's important you find an attorney that knows what they're doing that knows the DWI laws and the cases and what to look for when they're fighting your case.

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