Getting arrested for DWI in Texas doesn’t mean you’re automatically guilty. The truth is, DWI cases are riddled with opportunities for defense, from questionable traffic stops to faulty breathalyzers all the way to improperly administered field sobriety tests.
The key to beating a DWI charge is knowing how to identify the weaknesses in the state’s case against you. Common DWI defense strategies include:
- Challenging the legality of the traffic stop
- Attacking field sobriety test results
- Questioning breathalyzer and blood test accuracy
- Exposing procedural errors
- Demonstrating a lack of probable cause for arrest
At Thiessen Law Firm, we’ve built our reputation on knowing exactly which DWI defense strategies work in Texas courts. Mark Thiessen and his team have secured over 140 Not Guilty verdicts and thousands of dismissals for clients who thought their cases were hopeless.
If you’re facing DWI charges and need a defense that actually fights back, don’t wait. Call Thiessen Law Firm today at (713) 864-9000 and let us show you what a real defense looks like.
5 drunk driving defenses (that actually work)
“How do I get my DWI dismissed in Texas?” That’s the question every person facing DWI charges wants answered, and the good news is that dismissals happen all the time when you know where to attack the state’s case.
1. Challenging the legality of the traffic stop
Every Texas DWI arrest starts with a traffic stop, and if that stop wasn’t legal, everything that came after it — the field sobriety tests, the breathalyzer, the arrest itself — can be thrown out. Officers need reasonable suspicion to pull you over, which means they must observe a specific traffic violation or behavior that suggests criminal activity, and they need probable cause to make an arrest. If they can’t articulate a valid reason for the stop and arrest, your attorney can file a motion to suppress all evidence obtained as a result. This is often the fastest route to getting charges dismissed, because without a legal stop, the prosecution has no case.
2. Attacking field sobriety test results
Field sobriety tests are notoriously unreliable, and attacking them is one of the most effective ways to improve your odds of getting DWI dropped. How to beat a DWI often comes down to exposing just how flawed these tests really are. They don’t account for medical conditions, physical limitations, age, weight, footwear, or even nervousness — all of which can cause a completely sober person to “fail.”
The three “standardized” sobriety tests — the horizontal gaze nystagmus test, walk-and-turn, and one-leg stand — are subjective at best and designed for failure at worst. A skilled attorney will tear apart these tests in court, showing that they prove nothing about your actual level of impairment.
3. Questioning breathalyzer and blood test accuracy
Breathalyzers and blood tests might seem like ironclad evidence, but they’re anything but. Knowing how to fight a DWI in Texas often means challenging the science behind these tests.
Breathalyzers like the Intoxilyzer 9000 can give false readings due to:
- Calibration issues
- Operator error
- Mouth alcohol
- Medical conditions like diabetes
- Certain diets
Blood tests have their own problems:
- Improper storage can cause fermentation
- Chain of custody errors can contaminate samples
- The person drawing or testing your blood might not be properly qualified
A Houston DWI lawyer* who understands the science can expose these flaws and create reasonable doubt about your BAC results.
*Mark Thiessen is an ACS-CHAL Lawyer-Scientist
4. Exposing procedural errors
The DWI process in Texas is governed by strict rules and procedures, and when officers or prosecutors cut corners, it can sink their case. Common procedural errors in DWIs in Texas include:
- Failing to observe the suspect for the required 15 minutes before a breath test
- Not reading Miranda rights at the appropriate time
- Mishandling evidence
- Failing to follow proper protocols during booking
These aren’t minor technicalities — they’re constitutional protections designed to ensure fairness. When these procedures aren’t followed, evidence can be suppressed and charges can be dismissed.
5. Demonstrating a lack of probable cause for arrest
Even if the traffic stop was legal, officers still need probable cause to actually arrest you for DWI. This means they need specific, articulable facts that would lead a reasonable person to believe you were intoxicated.
Building a strong DWI defense often involves showing that the officer jumped the gun — maybe you had red eyes from allergies, slurred speech from a medical condition, or an unsteady gait from a knee injury. If the officer’s observations don’t add up to probable cause, the arrest itself was unlawful, and your case should be dismissed. This defense requires an attorney who knows how to dissect every detail of the officer’s report and body cam footage to find the holes in their story.
Defending a DWI — FAQs
How do you get a DWI dismissed in Texas?
Getting a DWI dismissed in Texas typically involves identifying fatal flaws in the state’s case — illegal traffic stops, improperly administered tests, faulty breathalyzer results, or lack of probable cause for arrest. Your attorney files motions to suppress evidence or argues for dismissal based on these weaknesses, forcing the prosecution to drop charges when they can’t prove their case beyond a reasonable doubt.
What is the best defense against a DWI?
The best defense against a DWI depends entirely on the specific facts of your case, but the most successful strategies involve attacking the reliability of the evidence against you. This could mean challenging the legality of your traffic stop, exposing errors in field sobriety tests, questioning the accuracy of breath or blood tests, or demonstrating that officers lacked probable cause to arrest you.
What are the odds of getting a DWI dismissed in Texas?
The odds of getting a DWI dismissed in Texas vary widely depending on the circumstances of your case and the quality of your legal representation. Cases with clear constitutional violations, procedural errors, or unreliable evidence have significantly higher dismissal rates than cases with airtight evidence and proper procedure.
With an experienced DWI specialist who knows how to identify and exploit weaknesses in the prosecution’s case, your odds improve dramatically — which is why choosing the right attorney is the most important decision you’ll make.
Ready to fight back? Call the lawyers who actually win DWI cases
At Thiessen Law Firm, we don’t just know DWI defense strategies — we’ve mastered them through years of fighting and winning cases in Texas courts. We’ve secured 140+ Not Guilty verdicts and thousands of dismissals because we understand both the science and the law behind DWI cases, and we’re not afraid to take your case to trial if that’s what it takes to win.
The prosecution isn’t on your side, and they’re counting on you not knowing how to challenge their case. But with the right defense team, you can expose the weaknesses in their evidence, challenge their procedures, and give yourself a real chance at beating these charges.
Your future is worth fighting for, and we’re ready to fight for you. Call Thiessen Law Firm today at (713) 864-9000 or contact us online to schedule a consultation and start building your defense today.
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