A new law that took effect in Texas in September 2017 allows people with convictions for driving while intoxicated (DWI), if they meet various criteria, to petition for an order of nondisclosure. This order prevents state and local law enforcement agencies from releasing information about the arrest, prosecution, conviction, and sentence. In addition to the limitations on eligibility for DWI nondisclosure, the new law might exclude some people in possibly unexpected and unintended ways. Defendants charged with a Texas DWI should understand how the new law might apply—or not apply—to them when considering a plea agreement.
The Texas Penal Code classifies DWI as a Class B misdemeanor when a driver’s blood alcohol concentration (BAC) is at least 0.08 percent but less than 0.15 percent. Tex. Pen. Code § 49.04. If the BAC is 0.15 or higher, it is a Class A misdemeanor. Texas law allows two different types of “community supervision” as alternatives to the punishment prescribed by the Penal Code. Probation involves a formal finding of guilt after a guilty or no contest plea, followed by a period of time during which the punishment is probated. If the defendant successfully completes the services the court orders, the punishment is deemed completed. With deferred adjudication, the court accepts a guilty or no contest plea but does not make a formal finding of guilt. If the defendant abides by the court’s orders for a defined period of time, the case is dismissed with no final adjudication. Defendants charged with DWI are not eligible for deferred adjudication in Texas. Tex. Code Crim. P. Art. 42A.102(b)(1)(A).
The new DWI nondisclosure law, H.B. 3016, may apply to cases that ended with probation and cases in which the defendant served a sentence. It only applies to Class B misdemeanor DWI cases, and it excludes cases that involved vehicular accidents involving any person other than the driver, whether or not anyone was injured. The earliest date a person can file a petition for nondisclosure ranges from two to five years after the conviction date, depending on whether the defendant received probation and whether they were ordered to use an ignition interlock device.