Before you make the decision to get behind the wheel after a few too many drinks, it may be beneficial to understand the consequences of a DUI conviction. A DUI conviction in Austin can have consequences that extend well beyond jail time and fines paid to the court.
In Texas, a DUI, or Driving While Intoxicated (DWI), is not a temporary matter. It is something that can have long-lasting effects on both your personal and professional life—issues such as a DUI’s effect on your driver’s license, background checks, and future opportunities.
A DUI Is Potentially Permanent on Your Criminal Record
First, and some may believe most importantly, a DUI conviction in Texas becomes a permanent part of your criminal history. Unlike some minor offenses, such as public intoxication or other Class C misdemeanors, that are either dismissed or placed on deferred disposition, a conviction or deferred adjudication on a DUI in Texas is not eligible for expunction. This means that the conviction remains visible to potential employers, licensing agencies, landlords, and other entities who may run background checks.
Unfortunately, for many employers, a DUI conviction may raise red flags that limit employment opportunities and job advancement. Whether employers view the conviction as evidence of poor judgment or a liability risk, a DUI conviction is not something you want to be explaining away long after it happened. Especially if you are a student or just starting out in the job market, a DUI early in life can shape your future for years to come.
A DUI Conviction Counts for Enhancement Purposes
Another consideration that many individuals may not be aware of is the impact a DUI conviction has on future intoxication cases. Under Texas law, DUI penalties increase with each subsequent conviction.
For example, a first-time DUI in Texas is typically charged as a Class B misdemeanor with a minimum term of confinement of 72 hours. However, if it is shown that the person has been previously convicted of Driving While Intoxicated, the charge can be enhanced to a Class A misdemeanor, with a minimum term of confinement of 30 days.
However, misdemeanors are not the only concern you have to worry about. If it is shown that the person convicted of driving while intoxicated has twice been previously convicted of any other offense relating to the operation of a motor vehicle while intoxicated, that person is now potentially facing a third-degree felony. With felony offenses come felony consequences—such as impacts on your voting rights and rights concerning firearms.
What was once considered a manageable first-time DUI can quickly spiral into serious charges with serious consequences. This is why it is essential to hire a qualified Austin DUI attorney to protect your rights and shield you from unnecessary headaches down the road.
Driver’s License Suspensions
Many of us in the Austin area commute for work or drive on a daily basis. We do this without a second thought to the effect a DUI conviction can have on our license or privilege to drive in the State of Texas. Under Texas law, an arrest and/or conviction for DUI often involves multiple license suspensions as part of the process.
Administrative License Revocation (ALR)
After a DUI arrest, the State of Texas can initiate an Administrative License Revocation proceeding against you. This typically occurs when you either refuse to provide a breath or blood specimen after your arrest, or the breath or blood specimen you did provide failed to register under a blood alcohol concentration of 0.08%. This is a civil process that is entirely separate from your criminal case, but it carries real-world consequences.
If the suspension is upheld, your license can be suspended for a minimum of 90days, despite the fact that the underlying case is still pending. A license suspension can happen very quickly, and many people fail to realize the impact this can have on their work and ability to participate in day-to-day tasks.
Conviction-Based Suspensions
In addition to any suspension resulting from an Administrative License Revocation proceeding, a DUI conviction itself triggers a mandatory license suspension under Texas law. This means that even if you were successful in avoiding your ALR suspension, or just finished serving an ALR suspension, a conviction will still cost you your driving privileges. This is often a surprise to individuals who believe that once the ALR suspension is complete, they have no additional license concerns.
Occupational Driver’s License Restrictions
As a result of the multiple license suspensions that can arise from a DUI arrest or conviction, many people are forced to obtain an Occupational Driver’s License (ODL) to avoid a charge of Driving with an Invalid License or simply to function day to day. Although an Occupational Driver’s License may seem like a lifeline, it has its own set of consequences and limitations.
For example, an ODL only allows an individual to drive for “essential needs,” such as work, school, medical appointments, or other household needs. In addition to the restriction on the circumstances in which you can drive, there is also an additional time limitation—typically a twelve-hour window—in which the driver is permitted to drive. This can make normal day-to-day activities far more complicated. Especially for those who drive for work, employers may not be accommodating to these restrictions.
Ignition Interlock Devices
In some cases, Ignition Interlock Devices (IIDs) can be a requirement of bond conditions or ODL court orders. An IID requires the driver of a vehicle to provide a breath sample before allowing the vehicle to start. Although an ignition interlock device is designed as a safety measure, it comes with significant costs—both financial and social. There are installation fees, monitoring fees, calibration appointments, and maintenance requirements. These fees are often paid out of pocket and can be stressful for individuals already facing a legal battle. In addition to the financial costs associated with an IID, there is also the social stigma that comes with having such a device installed in your vehicle. The presence of an IID can be embarrassing to explain to passengers or may impact employment if you drive for work.
Why Hire an Austin DUI Attorney
With the long-term legal consequences of a DUI conviction—including potential future enhancements, license suspensions, and impacts on your professional and personal life—it is crucial that you seek representation from an experienced Austin DUI attorney from the start. An experienced DUI attorney can evaluate the evidence in your case, challenge unlawful stops, contest your license suspension in ALR proceedings, and assist with obtaining an Occupational Driver’s License.
