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The consequences of a DWI conviction can be severe, including fines, license suspension, and even jail time. And so if you have been charged with a DWI (Driving While Intoxicated) in Texas, you may be wondering if there is any possibility of having your charges dismissed. Here is what you should know about the chances of dismissal of DWI in Texas.

Factors Impacting DWI Cases

Several factors can impact the outcome of your DWI case. One critical factor is your BAC level at the time of arrest; higher levels may result in more severe penalties or even felony charges if they exceed certain thresholds.

Additionally, prior convictions for related offenses such as previous DUI/DWI convictions or intoxicated manslaughter can significantly affect how your current case is handled by the courts.

Aggravating circumstances like causing an accident resulting in injury or death could elevate your charges to felony-level offenses with harsher penalties.

It’s worth noting that having knowledgeable legal representation experienced specifically in handling DUI/DWI cases greatly increases the chances of dismissal of DWI in Texas.

Grounds for Dismissal of DWI Charges

While achieving dismissal in a DWI case is challenging, it is possible under certain circumstances. Understanding Texas DWI laws and the potential factors that can impact your case is essential when building a strong defense strategy. Here are some of the grounds that you and your attorney can explore in order to increase the chances of dismissal of DWI in Texas.

1. Improper Police Conduct

Even with strict DWI laws, law enforcement must adhere to specific procedures when conducting traffic stops and making arrests. If the police engage in illegal conduct, such as an unjustified stop or an unlawful search, it could result in the dismissal of your DWI charges.

2. Faulty Field Sobriety Tests

Field sobriety tests are subjective evaluations used by police officers to determine impairment. However, factors like nerves, health conditions, fatigue, and even weather conditions can influence test results and lead to false positives indicating intoxication.

Faulty field sobriety tests that were not administered correctly or evaluated accurately can be contested in court. Your car accident attorney may argue that these unreliable tests should not be considered as conclusive evidence against you.

Cases of faulty field sobriety tests have always increased the chances of dismissal of DWI in Texas. Several instances have seen charges dismissed due to concerns over the accuracy and reliability of field sobriety tests alone.

3. Inaccurate Breathalyzer or Blood Test Results

Breathalyzer and blood tests are commonly used for measuring BAC levels and providing objective evidence in DWI cases. However, errors can occur during administration or analysis that may affect their accuracy.

These errors may include calibration issues with breathalyzer devices, improper administration of blood tests, contamination during lab analysis, mishandling of samples resulting in skewed results, equipment malfunctions, among others.

An experienced attorney will evaluate the circumstances surrounding your breathalyzer or blood test results to determine if any irregularities occurred that could potentially lead to dismissal if they cast doubt on their accuracy.

Instances, where faulty testing procedures invalidated BAC readings, have resulted in dropped charges in the past. Therefore, if such a thing is a possibility in your case, there is likely an increase in the chances of dismissal of DWI in Texas.

4. Violation of Miranda Rights

Miranda rights, derived from a landmark legal case, require law enforcement to inform suspects of their right to remain silent and have a car crash attorney present during questioning. Failure to properly advise you of these rights can sometimes lead to dismissal if it significantly impacts your defense strategy.

If you were not properly informed and your statements or confession were obtained without proper regard for Miranda rights, this violation may provide grounds for dismissing your DWI charges. Legal precedents emphasize the importance of upholding Miranda rights during arrests and interrogations.

Increasing the Chances of Dismissal of DWI in Texas: The Role of Legal Representation

1. Benefits of Hiring a DWI Lawyer

One crucial step towards achieving possible dismissal is seeking legal representation from an experienced DWI lawyer.

A seasoned attorney specializing in drunk-driving cases possesses knowledge and expertise that can significantly strengthen your defense. They understand the complexities associated with this area of law and are well-versed in navigating the legal system to protect your rights.

2. Case Evaluation and Evidence Examination

After hiring a DWI lawyer, one crucial aspect they focus on is evaluating your case thoroughly. This evaluation involves scrutinizing all available evidence such as police reports, eyewitness testimony, chemical test results including breathalyzer or blood tests, field sobriety test videos or recordings if available—all to identify potential procedural errors or inconsistencies that could lead to dismissal.

The evaluation process also includes examining every detail surrounding your arrest to determine if law enforcement officers conducted themselves appropriately throughout every stage: from initial suspicion through probable cause for arrest and subsequent testing procedures involved.

3. Negotiations and Legal Strategies

Another significant advantage provided by legal counsel is their ability to engage in negotiations with prosecutors on your behalf.

DWI lawyers possess negotiation skills honed over years representing clients facing similar charges. They can work with the prosecution to negotiate plea bargains that may lead to reduced charges, alternate sentencing options, or even dismissal.

Additionally, these attorneys will strategically assess your case and develop a defense strategy tailored specifically for you. With their expertise in this field of law and understanding of the unique circumstances surrounding your arrest, they will guide you through all legal processes while working diligently towards having your charges dismissed whenever possible.

In conclusion, while each DWI case is distinct and dependent on individual circumstances, hiring a skilled DWI lawyer significantly improves your chances of achieving dismissal in Texas. These experienced professionals provide benefits such as case evaluation and evidence examination that could reveal grounds for dismissal. Additionally, their ability to engage in negotiations with prosecutors and craft effective legal strategies strengthens your defense further.

Do not underestimate the importance of competent legal representation when facing DWI charges—it’s essential to secure someone who can fight ardently on your behalf and possibly achieve a favorable outcome by getting your case dismissed.

Remember: hiring an attorney specializing in DWI cases is crucial if you want to increase your chances of dismissal!

The Factors Affecting the Chances of Dismissal of DWI in Texas

When determining whether a DWI charge may be dismissed, several key factors come into play:

– Strength of Evidence

The strength of evidence against you is crucial when assessing your chances for dismissal. If there are substantial weaknesses or inconsistencies in the prosecution’s evidence such as unreliable field sobriety tests or improperly handled blood alcohol content (BAC) samples, it could strengthen your case for dismissal.

– Legal Expertise

Having skilled legal representation significantly improves your prospects for securing a dismissal. An experienced lawyer who specializes in handling DWI cases possesses an intricate understanding of relevant laws and procedures and knows how to identify flaws or violations that could lead to dismissal.

– Procedural Issues

Any procedural errors made by law enforcement officers during your arrest or throughout the investigatory process might also work in your favor. Violations such as lacking probable cause for stopping you on suspicion of driving while intoxicated can potentially lead to suppression of evidence or even total dismissal of charges.

2. Case Studies: Successful DWI Dismissals

To illustrate that obtaining a dismissal is not merely wishful thinking but rather an attainable outcome under certain circumstances, let’s take a look at some real-life examples of DWI cases dismissed in Texas:

– Insufficient Probable Cause

In one case, the arresting officer lacked sufficient probable cause to initiate the traffic stop that led to a DWI arrest. The defense attorney successfully argued that this violation of the defendant’s Fourth Amendment rights resulted in an unlawful arrest. Consequently, all evidence obtained after the illegal traffic stop was suppressed and ultimately led to a dismissal.

– Faulty Breathalyzer Test

In another instance, the defense managed to prove that the breathalyzer device used by law enforcement was not properly calibrated or maintained according to state regulations. This cast doubt on the accuracy of BAC readings and significantly weakened the prosecution’s case against the accused individual, leading to a dismissal.


Facing DWI charges can be an overwhelming experience with potentially life-altering consequences. However, it is important for individuals in this situation to understand that there are avenues for potential dismissal. By being aware of key factors such as evidentiary weaknesses, legal expertise, and procedural issues, you can better assess your chances for achieving a favorable outcome.

While successful dismissals are possible as evidenced by real-life case studies provided above, it is crucially important to consult with an experienced Houston accident lawyer who specializes in Texas laws related to intoxication offenses. They possess the necessary knowledge and skills required to navigate through complex legal processes and maximize your chances of securing a dismissal or mitigating penalties.

Remember, every case is unique with its own particular set of circumstances — no guarantee can ever be made regarding the likelihood of dismissal. Nevertheless, arming yourself with understanding and professional guidance will certainly put you on a more informed path towards resolving your DWI charges effectively.

Contact Husain Law to discuss your liability with an expert Houston Car Accident Attorney,  Explosion Lawyer and Airlines Injury Lawyer.

About the Author


Husain Law Firm

Nomaan K. Husain is the founder of Husain Law + Associates — Houston Accident & Injury Lawyers, P.C., a Houston-based law firm specializing in Litigation, Immigration, and Aviation. He is Board Certified in Civil Trial Law and Personal Injury Trial Law, with law licenses in Texas, New York, and other jurisdictions. Mr. Husain serves in key community roles, including as Commissioner on President Biden's White House Commission on Fellowships and Chairman of Houston's Asian American Pacific Islander Advisory Board. He's been recognized with several awards, such as the Global Leader Award from the Houston World Affairs Council.

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