top of page
  • Brian Foley

Can I get a DUI expunged in Texas?

Can I Get a DUI expunged in Texas? Yes but you might have to wait until you're at least 21 years old!

A DUI in Texas is different from a DWI. A DWI is what you get arrested for when no matter your age you are intoxicated by alcohol or some other substance. Intoxication can be measured as above a .08 alcohol level or losing your mental and physical faculties.

But if you are under the legal limit for example a .03 blood alcohol or breath alcohol level then its not a crime for someone over 21. For people under 21 it is called a DUI. Its not as penalizing as a DWI but it can still be quite negative for your overall record and anyone who has ever gotten one wants it expunged.

The first thing you'd need to know about getting a DUI expunged is that you have to get an outcome that leads to a dismissal. Any conviction for DUI can never be expunged. If you get an outcome that leads to a dismissal or a not guilty verdict then you will become eligible for an expunction after 180 days from the date of the offense and after you turn 21 years old.

The theory behind the 21 year old rule is that prosecutors might want to know if you have previously been arrested for DUI even if the case was eventually dismissed. That way they can exercise their independent judgment about giving an offer that leads to a dismissal.

A good defense attorney should be able to help you depending on the facts of your case and the jurisdiction in which you have been arrested. A DUI can be a life changing charge if not handled properly. Make sure to speak with a criminal defense attorney if you've been charged with DUI.

5 views0 comments


bottom of page