- 1 First DWI In Texas Dismissed
- 2 What Does Driving While Intoxicated Mean?
- 3 How Your DWI Charge Can Be Dismissed In Court
- 4 DWI Defenses Your Lawyer Is Likely To Use
- 5 Find Houston, Texas DWI Attorneys Nearby
First DWI In Texas Dismissed
Odds Of Getting DUI Dropped In TX
While drinking after a hard day’s work is a relaxing activity many people enjoy, it also carries a risk of a DWI charge especially if you have to drive right after. It doesn’t matter how responsibly you drink because you can easily make a mistake that leads to you getting pulled over and charged with driving while intoxicated.
Many people in Texas are arrested for driving while drunk or while under the influence of drugs all the time. But you are not necessarily going to get convicted when you are charged with a DWI. An experienced trusted DWI attorney can guide and advice you about the chances of dismissal of DWI in Texas.
What Does Driving While Intoxicated Mean?
Chances Of Getting A DUI Dismissed In Texas
Police officers will arrest and charge you with a DWI if your blood alcohol content is .08% or more. You face the same consequences if you don’t have the normal use of your physical or mental faculties while driving. They determine whether you are impaired based on your behavior and how you perform on their tests.
While field sobriety tests are commonly used, most of the time police charge people with a DWI based on the observations made by the police officers. As a result, many people have been charged with a DWI despite having a BAC below .08%. Your DWI lawyer in Texas can use this as a defense in court.
How Your DWI Charge Can Be Dismissed In Court
Can A DWI Be Dismissed In TX
Since a DWI conviction comes with serious professional and legal consequences, you need to hire a skilled and experienced DWI lawyer to represent you in court. Remember that you are innocent until proven guilty. So, naturally pleading not guilty in a DWI case gives you more options to challenge the charges or to negotiate with the prosecutor.
Pleading not guilty is less likely to lead to a conviction than pleading guilty. The Texas Department of Public Safety statistics recorded 89,583 DWI arrests in 2017. Out of these arrests:
- There were only 1,892 dismissed cases
- About 2,000 arrests did not lead to charges
- About 15,000 arrests ended in a conviction for the original offense
- 5,759 arrests resulted in a conviction for other than the original offense
Do not be discouraged by the few dismissals because your lawyer can always fight for your charges to be reduced.
DWI Defenses Your Lawyer Is Likely To Use
How To Get A DWI Dismissed In Texas
There are certain procedures that police officers are supposed to follow when pulling you over and arresting you. These procedures open up a multitude of defenses that your lawyer can use to get your case dismissed or your charges reduced. They include:
- Questioning whether the police had reasonable suspicion for pulling you over and arresting you for DWI
- Challenging the accuracy and validity of breath alcohol testing or field sobriety test
- Questioning whether the police officer had probable cause to conduct the sobriety tests and blood alcohol tests
- Questioning whether the police had probable cause for a blood test warrant
- Pointing out any inconsistencies between the police report, arresting officer testimony, and any video recording of the incidence
- Pointing out that you were not read your Miranda rights before you were arrested and detained
- Challenging any instances where your constitutional rights were violated
Your lawyer is likely to use a combination of these defenses to increase your chances of winning the case.