Can a Texas DWI Charge Be Dismissed? A Legal Perspective

If you are here, it means you or someone close to you is facing a DWI charge in Texas. You might feel scared, stressed, and unsure about what will happen next. These are normal feelings. A DWI arrest can leave you feeling alone and confused, wondering if your life will ever be the same. That’s where we come in. You do not have to face this alone. This page will help you understand what can happen in a DWI case and what you can do to try to get the charges dismissed. We know this is a hard time, and we are here to give you honest and clear information.

Understanding What a DWI Charge Means in Texas

DWI stands for driving while intoxicated. In Texas, this means you were driving a vehicle while not having the normal use of your mental or physical abilities because of alcohol or drugs. It can also mean your blood alcohol concentration was 0.08 percent or higher. The police can arrest you if they believe you are too impaired to drive safely. After the arrest, you will have to go to court and face the charge. This can be very serious. A DWI conviction can bring fines, loss of your license, possible jail time, and a criminal record that follows you for years.

Is It Possible to Get a DWI Charge Dismissed in Texas

Yes, a DWI charge can be dismissed in Texas, but it depends on many things. Every case is different. The way the police acted during the stop, the tests they gave, the machines they used, and what you said at the time all matter. If mistakes were made, or your rights were violated, your lawyer might be able to ask the court to throw out the charge. That means the case would not go forward, and you would not be convicted.

Sometimes a case can be dismissed because the evidence is weak. Other times it is because the arresting officer did not follow the law. There are also times when the results from a breath or blood test cannot be used because of how the test was handled. If the court agrees, the case can fall apart.

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney

Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

PROTECTING YOUR RIGHTS AND FUTURE

Criminal Defense Attorney Douglas Wilder 

Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.  .

Common Reasons Why a DWI Charge May Be Dismissed

One reason a DWI charge might be dropped is if the police did not have a good reason to stop you. They must have a legal reason to pull you over, such as a traffic violation or a clear sign you were driving badly. If they pulled you over without a valid reason, the stop might be called illegal.

Another reason is if the field sobriety tests were not done the right way. These tests are used to decide if someone is impaired. But they are not always fair or accurate. Officers need to follow strict rules when giving these tests. If they don’t, the results might not count in court.

Also, breath or blood test results can be challenged. The machines used for breath tests must be kept in good working order. The person giving the test must be trained. If anything went wrong, the test results might not be used. For blood tests, the sample must be handled in a certain way. If that did not happen, the test may be no good.

If the evidence is thrown out, the prosecutor may not have enough left to keep going with the case. That’s when a dismissal becomes possible.

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Better call Doug!! Doug is the best lawyer you can find for DWI or DUI cases in Dallas. I read many reviews before choosing Doug for representing my case. Doug handled DWI and DUI cases for last 25 years, He has good relationships with DA office and is Well respected in the community. I have peace of mind with plea bargain today for my case. He also won other case filed on my license suspension. Amy (Paralegal) will help you through out the case. She is very persistent and detailed about the case details. You will never go wrong for chosing Doug. Goodluck. !!”

- Anil Lingutla

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I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10."

- Isaac Harrell

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After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm."

- JJ Canter

What Happens If the Case Cannot Be Dismissed

If your case cannot be dismissed, that does not mean all hope is lost. There may still be ways to protect your future. In some cases, the charge can be reduced. For example, it might become a lesser charge like reckless driving. This may lead to fewer penalties and may keep a DWI off your record.

Also, many people are able to get a deal where they go through a program, take classes, or do community service, and in return, the case is dismissed later. This is called deferred adjudication in some counties. It is not offered in every case, but it may be something to ask about.

Even if the case goes to trial, there may be a chance of winning. A lawyer can challenge the evidence, cross-examine the police, and show the jury the problems in the case. Sometimes, that can lead to a not guilty verdict.

How a Lawyer Helps Make a DWI Dismissal Possible

The law in Texas is strict about drinking and driving, but the rules must still be followed. A lawyer will look at every detail of the arrest to find any mistake or unfair action. They will get copies of the police report, test results, and videos. They will ask the court to remove any illegal evidence. They will speak to the judge and the prosecutor for you.

Having a strong lawyer makes a big difference. They know how to look at the case and find your best chance at success. They may ask the court for hearings to challenge the evidence. They can talk to the prosecutor to work out a deal or push for dismissal if the case is weak. If the case goes to trial, they can fight for you in front of the jury.

Why Acting Quickly Matters in a Texas DWI Case

After a DWI arrest, time is not on your side. You have only 15 days to ask for a hearing to keep your license. If you miss that deadline, your license may be suspended. That hearing is also a chance to find out more about the evidence the state has. Waiting too long could hurt your case.

Also, as time passes, it gets harder to gather your own evidence. Videos may be deleted. Witnesses may forget details. Acting quickly gives you a better chance to protect your rights and build a strong defense.

700+ ACQUITTALS, DISMISSALS & REDUCTIONS FOR OUR CLIENTS

DWI - Not Guilty

0.117 BAC Three Hours After Causing A 3-Car Accident

Second DWI - Not Guilty

0.24 DWI on Moped And Stipulated To Intoxication In Trail

DWI - Not Guilty

2 DWIs 3 Years Apart

DWI - Not Guilty

2nd DWI .165 BAC

DWI - Not Guilty

2nd DWI - Refused Sobriety Testing

DWI - Not Guilty

0.199 BAC 2.5 Hours After The Stop

What You Can Do Right Now If You Are Facing a DWI

First, do not panic. A DWI arrest does not mean you will be found guilty. There are many steps between now and the end of your case. The most important thing you can do is talk to a lawyer who has handled cases like this before. Do not talk to the police or anyone else without getting legal advice.

Second, write down everything you remember about the stop and the arrest. Where were you going? What did the officer say? What tests did they give you? What time did it all happen? These details can be very helpful later.

Third, go to your court dates. Missing court can cause a warrant for your arrest and make things worse. If you are not sure what to do, ask your lawyer. They will guide you every step of the way.

Hope Is Not Lost and Help Is Available

It is very possible for a DWI charge in Texas to be dismissed, but it depends on the facts of the case and how the law is used. With the right help, you can fight the charge and work toward keeping your record clean. Many people have been in your shoes, and they were able to move past this and get back to their lives. You can too.

If you or a loved one is facing a DWI charge, do not wait. The choices you make right now can affect your future. You deserve someone who understands the law and cares about what happens to you. At Wilder Law Firm, we know how to help people in your situation. Call us today to talk about your case. We are here to listen, answer your questions, and stand by your side.

To learn more about this subject click here: What Is the Difference Between a DWI and a DUI in Texas?