How to Get a DWI Dismissed in Texas?

While it can feel daunting to be charged with a DWI in Texas, it’s important to remember that this is just step one of a lengthier journey to challenging the allegation. Just as there are many factors that lead to someone being charged with a DWI, there are just as many steps one can take to have it dismissed. However, to successfully understand how to get a DWI dismissed in Texas, you will need to learn more about your rights and how to work with a criminal defense lawyer.

Texas DWI Laws

In Texas, driving while intoxicated (DWI) occurs when operating a vehicle in a public place while having a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, you could be charged for DWI if any use of alcohol or drugs causes a reduction of your mental or physical faculties.

In 2022, the Texas Department of Transportation reported 17,935 total crashes involving a DWI charge. These incidents led to 580 fatalities throughout the state. For this reason, the state takes these charges very seriously and will impose severe penalties, even for first-time DWI offenders.

Strategies for Defending Against a DWI

Some of the most common defense strategies used to get a DWI dismissed in Texas include:

• Challenging the Traffic Stop
  One of the first areas a defense lawyer can look into is the legitimacy of the traffic stop. All law enforcement officers are required to have a legitimate reason for pulling someone over. If a legitimate reason does not exist, a defense lawyer can file a motion to suppress any evidence they collected during the illegal interaction. This could even dismiss the individual’s BAC results, which could completely dismantle the prosecution’s DWI case.
• Disputing the Accuracy of the BAC Tests
  Blood alcohol concentration tests are employed to quantify if someone is under the influence or not. However, these tests are not always foolproof. There are multiple different angles a defense lawyer could take to challenge the final results, such as questioning if the device has been properly calibrated to ensure it is producing accurate results. Your attorney may also request maintenance records from the police unit to ensure the equipment has been properly maintained.
• Suggest Alternative Explanations for the Behavior
  Sometimes, a defense attorney can take the position that their client’s behavior mimicked intoxicated behavior when they were not really under the influence. For instance, fatigue, stress, or a more serious medical condition like hypoglycemia can mimic the same signs as someone does when they are impaired. This can be done by presenting different medical records and doctor notes to support the alternative explanation.
• Leverage a Weakness in the Prosecution’s Case
  An experienced attorney can analyze the prosecution’s evidence to identify weaknesses or inconsistencies in their story. For example, they may feel like two of the witness statements that were presented conflict with one another. They could also challenge how law enforcement handled certain pieces of evidence or suggest that the evidence does not prove guilt beyond a reasonable doubt.
• Pursue Plea Bargain Options
  If your defense lawyer believes the evidence stacked against you is very compelling, they may suggest you explore the possibility of taking a plea deal. For example, you could exchange your admission of guilt for a lighter sentence, such as obstruction of a highway. While this will not dismiss the charges you face, it does have the ability to reduce the impact on your record and future. Having an attorney with you through these negotiations can help minimize the consequences you face.

FAQs

Q: What Happens If You Refuse a Breathalyzer Test in Texas?

A: If you refuse a breathalyzer test in Texas, you will be forced to deal with the consequences of the state’s implied consent laws. When you accept your driver’s license in Texas, you automatically consent to chemical testing if law enforcement ever has the credible belief that you are intoxicated. While you have the right to refuse the test, you do not have the right to avoid an automatic license suspension of up to 180 days, even if you are never found guilty.

Q: What Is the Difference Between a First-Time DWI and a Repeat Offense?

A: First-time DWI offenders are the most likely to receive a lesser sentence as long as there are no aggravating circumstances to increase the penalties. While a first-time DWI can still face fines, license suspension, and possible time in jail, the sentence would be much lighter than those with consecutive offenses. Repeat offenders face harsher penalties and may also be required to install an ignition interlock device to prevent them from driving under the influence again.

Q: Can a DWI Arrest Affect Your Employment in Texas?

A: Yes, it is possible for a DWI arrest to impact your employment. This is because many employers conduct background checks. A DWI can raise concerns about how reliable you may be for the role. Certain professions where driving is a significant responsibility, like commercial truck drivers, will have even stricter consequences related to DWI arrests.

Q: How Long Does a DWI Stay on Your Record in Texas?

A: In Texas, a DWI conviction will permanently stay on your record. Some offenses are eligible for nondisclosure after completing deferred adjudication and waiting a set number of years. However, full expunction is generally not available for DWI convictions. For this reason, many individuals choose to work with an experienced defense lawyer when facing DWI charges in order to avoid the long-term impact.

Contact Harris & Harris Law Group, PLLC Today

If you have been accused of driving while intoxicated, time is critical. The team at Harris & Harris Law Group, PLLC, has a thorough understanding of Texas law and is ready to work to minimize your charges and fight for a favorable outcome in your case.

Contact our firm today. We are happy to look into the details of your case and gauge what we believe is the strongest defense possible to help reduce the penalties you face or have the case dismissed entirely.