Ways a DWI Charge Can Be Dismissed in Texas

There are a few ways a DWI charge can be dismissed in Texas. Here are some possibilities:

Illegal traffic stop: If the police officer didn’t have a valid reason to pull you over, it could be considered an unlawful traffic stop. If a judge agrees with this argument, the DWI charge could be dismissed.

Lack of probable cause: The police must have a reasonable suspicion that you were driving under the influence to make a DWI arrest. If there is no clear evidence or probable cause, a lawyer can argue that the charge should be dismissed.

Issues with field sobriety tests: Field sobriety tests are not always accurate indicators of impairment. If the tests were improperly conducted or there are doubts about their validity, a lawyer can challenge their reliability, which could lead to the dismissal of the charge.

Problems with breathalyzer or blood tests: Breathalyzer or blood tests are commonly used to measure blood alcohol concentration (BAC). However, these tests can be flawed or mishandled. If there are issues with the administration or accuracy of these tests, a lawyer can argue for dismissal of the charge.

Violation of your rights: If your constitutional rights were violated during the arrest or investigation, such as improper search or seizure, a lawyer can challenge the legality of the proceedings. If successful, the DWI charge may be dismissed.

Insufficient evidence: If the prosecutor lacks enough evidence to prove beyond a reasonable doubt that you were driving while intoxicated, a lawyer can argue for the dismissal of the charge due to insufficient evidence.

It’s important to try to get your DWI dismissed because a DWI conviction goes on your criminal record and can have long-term consequences. It can affect your employment prospects, professional licenses, and educational opportunities. By getting the charge dismissed, you can maintain a clean record and avoid these negative impacts.

Each case is unique, and the outcome depends on the specific circumstances. It’s important to consult with a qualified attorney who specializes in DWI cases in Texas. Working with an experienced DWI attorney who knows the Texas legal system can greatly increase your chances of having the charge dismissed.

Do you need help with a DWI arrest? Contact DWI Specialist Gary Trichter who was the 1st DWI Specialist in Texas and has been defending Texans for over 40 years.