DWI Statute

In the state of Texas, a driving while intoxicated offense is:

Texas Penal Code Section 49.04

Typical Sentencing for First Offense

Jail 72 hours to 6 months

(12-month maximum with BAC of .15% or more)

Fines Up to $2,000 (or up to $4,000 with BAC .15% or more)
License Suspension 90 days to 12 months
Interlock Ignition Device (IID) Only as a condition of obtaining an occupational license
Probation 6 months to 2 years

Alternative Resolutions

These lead to no conviction and are called conditional discharge. Admissibility remains unavailable until completion and in the interim of these alternative programs.

Availability for DWI                                      No

Background checks

Pleading Down

Pleading guilty to some offenses is not equivalent to a crime in Canada, therefore it does not result in inadmissibility. Your lawyer could also argue for a traffic violation or highway obstruction to contest a DUI/DWI and these do not result in inadmissibility to Canada.

Availability for DWI                                     No

Expungement & Pardons

This allows your criminal record to be cleared. DUI convictions are eligible for expungements after the completion of the sentence, provided that there are no other charges pending against the offender.

Availability for DWI Yes
General info
  • Sealing (“Order of Nondisclosure”) for most first-offender misdemeanors, upon completion of sentence or after a two-year waiting period for more serious misdemeanors
  • Effective September 1, 2017, sealing available for first-offender DWI offenses (bac < .15) after 2-5 year waiting period (offenses that result in accident involving another person ineligible)
  • Deferred adjudication may result in sealing for most offenses, with a five-year waiting period for felonies
  • Automatic sealing for many first-offender non-violent misdemeanors
  • “Expunction” available for deferred adjudication of class C misdemeanors; non-conviction records, pardoned convictions.
  • Automatic sealing at age 19 for misdemeanor juvenile adjudications; discretionary sealing upon petition at age 18 or two years after discharge.

Application Links

If inadmissibility to Canada cannot be avoided, these are the remedies offered:

FWCanada free consultation offer

At FWCanada, we are happy to offer free consultation to promptly provide honest assessment of your case and chances of success. As one of the leading immigration law firms in the country specializing in criminal inadmissibility, we have extensive experience in handling a wide range of cases. We prioritize detailed review of each client’s case to optimise application approval.

Please call on our toll free number: +1 (855) 316 3555 to ask all your burning questions and remedy confusions, because providing honest and accurate advice is our ethos.

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