Skip to main content

3 Ways A DWI Conviction Can Negatively Affect You

One of my favorite lines is "I don't trust anyone who has not had a DWI." Truthfully, my clients are among my favorite people. They are social, resourceful and gregarious. Most drinking in a DWI scenario involves socializing with other people. The Barbara Streisand line, "People who need people, are the luckiest people in the world" is so true. It is important for prosecutors, judges, and jurors to understand the life changing consequences of a DWI conviction. Here are 3 consequences that some people may not be familiar with:


Our Family (Willy, our German exchange son, is in a Texas shirt)

1. You can't host a foreign exchange student for 5 years from the conviction.  


2.  If you have a green card ("Permanent Resident") and receive a DWI conviction, finalizing the process and becoming a citizen is difficult. I am not an immigration lawyer (if you are in this situation, you should also consult with an immigration attorney), but recently INS has been delaying the process for some permanent residents to become citizens for five years. This of course, can always change. For those who do not have any legal status, expect to be deported immediately upon a jail or probation sentence. In the larger counties that I practice in, the police are calling INS for immediate deportation once booked in for DWI.  Texas Senator John Cornyn has already introduced legislation for deportation upon a first DWI conviction. This did not pass, but federal policies on DWI and deportation are constantly changing and becoming more strenuous. What can be done in each situation is unique according to the jurisdiction and people involved (prosecutors and judges vary on their approaches).



3. If you have a DWI conviction, you will lose your concealed handgun carry license in Texas. This occurs even if you did not have a handgun in your possession on the DWI. If you receive a DWI and there is a gun in the vehicle, you will receive a second misdemeanor charge of Unlawfully Carrying a Weapon. The current law bars your ability from obtaining a concealed carry permit for 5 years with a DWI conviction.


Of course, there are far too many negative consequences that accompany a DWI conviction to list. They include Texas DPS surcharges, increased insurance rates, banned travel to Canada, for some loss of job, contributing factor to divorce, alienation from family, friends and sometimes community. The depression, shock, and anxiety are intense and can become clinical. Risk of suicide is real. Please, please if you are suffering from these symptoms make sure to seek professional help. I am also here to help you. I want to know if you are suffering. This is very important to me so that I can help you. One day, this DWI will be a blip in your rearview mirror that eventually goes out of sight. Right after it happens, it is the giant object on every rear view and side view mirror as you navigate through life. You are not alone. Be strong, all of us make mistakes. Remember that mistakes have the power to turn you into something better than you were before.


Labels:

Comments

Post a Comment

Popular posts from this blog

Can A DWI Affect My Eligibility For Global Entry?

In general, all United States citizens and lawful permanent residents possess eligibility to apply for Global Entry. This is a program through Customs and Border Protection that allows for expedited clearance for pre-approved, low-risk travelers. That said, Customs my deny eligibility for a variety of reasons such as providing false information on the application and a finding of customs violation for *any* country (not just US Customs violations). However, there are 3 important reasons related to criminal defense that everyone should know. First, Customs may deny eligibility if you have been denied for the purchase of a firearm. This restriction is important because firearm restrictions may, on occasion, be a condition of a criminal charge, even if the charge is dismissed. Further, a denial of a firearm purchase may show Customs that you are not a “low-risk” traveler based on the reason for denial. Second, Customs may deny eligibility if you are the subject of an *ongoing investiga...
Post a Comment
Read more

The Biggest Misconception in a DWI

The biggest misconception in a DWI is to correlate a single bad driving behavior with guilt in a DWI. Whether it be a jerk (failure to maintain a single lane), accident (losing control and hitting something like a curb, pole, or another car), or stopping too long at a stop light, this may very well be evidence of driver inattention unrelated to intoxication. I have analyzed thousands of DWI cases and have tried over 300. What I typically find is a prosecutor who argues that the driving behavior which so often happens due to driver inattention be argued as clear evidence that a person is intoxicated. This is simply not fact. The facts are that every day drivers commit these violations due to distraction, inattention, fatigue or a host of other factors. Accidents are so common that the law mandates a driver operate a motor vehicle on our public roads with liability insurance. The mere fact that a driver commits these with alcohol or a substance (medication, drugs, caffeine, etc.) in ...
Post a Comment
Read more

Common Sense

Arthur Anderson goes down. Enron goes down. Big CEOs in jail. The nation woke up one day and said enough is enough. Don't tell us that just because you hire the best accounting firm you can create your own tax breaks by creating sham companies; just because the SEC in the past has winked at insider trading we are going to continue to allow the big CEOs to get rich because they know when to trade or sell (even going after small trades like the Martha Stewart case). Whether or not all those involved in the crackdown were deserving (in the Anderson case apparently one nose bleed CPA type brought the whole firm down due to bad ethics) I cannot say but what it obvious is that the press through the nation got the legislators and judges concerned and the rest is history. The same needs to happen for DWI. Bad ass lawyers have a job to do but we don't serve as the press. Some of the 1.4 million DWI arrestees (this statistic in contrast to NHTSAs approx. 17k alcohol related deaths) need ...
2 comments
Read more