| To fight a DWI in Texas, watch what you say and do during the traffic stop, then call a DWI defense attorney immediately. Request your ALR hearing within 15 days of arrest to protect your license, stay off social media, and preserve any evidence in your control, from witness contacts to medical records. Get full copies of the state’s evidence, including dashcam footage and breath or blood test records, and let your attorney challenge the stop, the tests, and the state’s ability to prove its case beyond a reasonable doubt. |
Getting arrested for a DWI in Texas is a terrible experience, but it doesn’t have to be the end of the world. There’s something you need to remember: an arrest is not a conviction. It’s true, and you can repeat it to yourself whenever you get down or feel overwhelmed, because as long as you’ve yet to be convicted, you live to fight another day.
But you’ve got to know how to fight a DWI, and we’re here to tell you. What you do in the hours, days, and weeks after those handcuffs go on can make the difference between a dismissed case and a record that follows you for life. Fighting a DWI charge isn’t about hoping for a miracle. It’s about taking the right steps, in the right order, starting the moment you’re pulled over.
Below are the concrete, literal steps to fighting a DWI in Texas, from the roadside to the courtroom, straight from a firm that has spent over a decade doing exactly this for our clients.
Keep reading or contact Thiessen Law Firm at (713) 864-9000 or contact us online to start fighting your DWI today.
Step 1: Watch what you say and do during the traffic stop
Your DWI case starts the second those lights flash in your rearview mirror. Everything you say and do from that moment forward is potential evidence, whether it helps or hurts you.
Here’s what matters most during the stop itself:
- Be polite and cooperative with basic requests like providing your license and registration.
- Don’t volunteer information about where you were, what you drank, or how much.
- You are not required to perform field sobriety tests, and in most cases, you shouldn’t.
- Ask for an attorney and say nothing further once you have.
Knowing your rights in the moment is one of the best things you can do to help yourself fight a DWI. Most drivers don’t realize how much power they hand over simply by talking too much or agreeing to tests they didn’t have to take.
For a full breakdown of what to do (and what to avoid) once you see those lights, read our guides on what to do when pulled over and the rights police don’t want you to know.
Step 2: Decide carefully on taking breath or blood tests
One of the biggest tactical decisions you’ll make happens before you ever speak to a lawyer: whether to take the breathalyzer. This isn’t a simple yes or no question, and the popular advice you’ll find online is often wrong. Why?
Refusing a breath test in Texas typically means the officer will get a warrant for your blood, and blood draws are generally more accurate and harder to challenge than breath tests.
In almost all situations, we actually recommend taking the breathalyzer test. There are narrow exceptions where refusal might buy you time, but as a general rule, refusing isn’t the strategic move most people think it is.
Before you decide anything roadside, knowing when to take and when to refuse the breathalyzer, and why that age-old chestnut “do not blow” can actually hurt your case, is essential.
Continue reading: Should you refuse a breathalyzer test?
Step 3: Call a DWI defense attorney immediately, not eventually
The single most important step in fighting a DWI charge is hiring the right lawyer, and hiring them fast. Every day that passes without a good DWI lawyer in your corner is a day the state spends building its case against you, unopposed.
Not every criminal defense attorney is equipped to fight a DWI charge. These cases involve science, procedure, and a level of specialization that generalist attorneys simply don’t carry. When you’re looking for the best DWI lawyer Houston has to offer, look for these markers:
| What to look for | Why it matters |
| Board certification in DWI or criminal law | Confirms experience and specialized knowledge |
| A track record of Not Guilty verdicts | Shows the firm actually takes cases to trial and wins |
| Scientific credentials (like a Lawyer-Scientist designation) | Signals the ability to challenge breath and blood evidence at a technical level |
| 24/7 availability | DWI arrests don’t happen on a schedule, and your defense can’t wait |
A Houston DWI lawyer who checks these boxes isn’t just someone who knows the law. They know how to dismantle the state’s evidence piece by piece. And while we have you, if you’re looking for an attorney who is all of the above, you can start by calling Mark Thiessen from Thiessen Law Firm.
Step 4: Request an ALR hearing within 15 days
This step has a hard deadline, and missing it can cost you your license before your criminal case even gets started. Separate from the criminal charge, the state automatically moves to suspend your driver’s license through a civil process called Administrative License Revocation, or ALR.
You have just 15 days from your arrest date to request an ALR hearing. Miss that window, and your license is suspended automatically, no hearing, no argument, no second chance. Requesting the hearing does two things: it gives you a shot at keeping your license, and it can also hand your attorney an early opportunity to question the arresting officer under oath, well before your criminal trial even begins.
Learn more about how to protect your license by reading up on the ALR hearing process and what’s at stake if you skip it.
Step 5: Stay off social media while your DWI charge is open
This step feels small, but it can quietly sink an otherwise strong case. Prosecutors and investigators routinely comb through a defendant’s social media looking for anything that undercuts their defense: a check-in at a bar the night of the arrest, a joke about drinking, even a seemingly innocent photo with a drink in hand.
Once you’re facing a DWI charge, treat every account like it’s already been subpoenaed:
- Don’t post about your arrest, your case, or your feelings about either.
- Don’t delete old posts once you know you’re under investigation. Deletion after the fact can look like evidence tampering.
- Ask friends and family not to tag you in anything related to alcohol or the night of your arrest.
- Assume anything public (and plenty that’s “private”) can end up in a prosecutor’s file.
Silence online is just as important as silence with police. Both protect your defense and make it much easier for your attorney to do their job.
Step 6: Preserve every piece of evidence you can find
Fighting a DWI charge often comes down to details, and details disappear fast if nobody’s looking for them. While your attorney will request official records, there’s evidence only you have access to, and it needs to be locked down immediately.
Start gathering these items as soon as possible after your arrest:
- Names and contact information for anyone who was with you before, during, or after the stop.
- Receipts or timestamps showing what you ate or drank and when.
- Any medical records related to conditions that could affect field sobriety test performance, such as inner ear issues, joint problems, or neurological conditions.
- Photos of the road, weather, or lighting conditions if anything seemed unusual.
- Any personal recordings of the stop, if you have them.
Medical conditions, in particular, play a bigger role in DWI defense than most people realize. Standardized field sobriety tests assume a body free of injury, illness, or fatigue, and that’s rarely a fair assumption. If you have a documented condition that could explain stumbling, slurred speech, or bloodshot eyes, tell your attorney immediately. It could become a central piece of your defense.
Step 7: Get copies of everything the state has
You and your attorney need to see exactly what the arresting officers saw, documented, and tested, rather than just what’s summarized in a police report. This includes dashcam and bodycam footage, the officer’s notes, any breath or blood test results, and maintenance and calibration records for the testing equipment used.
Chemical testing feels intimidating because it sounds scientific and final, but breath and blood tests are far from foolproof. Breathalyzers require regular calibration and a certified operator, and any gap in either can call the results into question. Blood tests bring their own vulnerabilities: samples can be mishandled, contaminated, or improperly stored, and your blood alcohol concentration at the time of testing may not reflect what it was at the time you were actually driving, since alcohol continues to be absorbed into your bloodstream for a period after your last drink.
Getting your hands on the full paper trail behind these tests is one of the most important steps in building a real defense.
Step 8: Show up, be consistent, and let your attorney drive the process
Once your case moves into the court system, your job shifts from active investigator to disciplined client. That means showing up to every single court date, following every instruction your attorney gives you, and resisting the urge to explain yourself to police, prosecutors, or anyone else involved in the case.
Consistency matters more than you can imagine. It cannot be overstated how dangerous missed court dates, inconsistent statements, or decisions made without consulting your attorney are for your case. One slip-up like this can easily undo months of careful defense work.
Your attorney’s job is to prove the state hasn’t met its burden of proving your case beyond a reasonable doubt. Your job is to make sure you’re not the one who hands them the missing piece.
FAQ about fighting a DWI in Texas
Is it hard to beat a DWI?
Yes, especially if you attempt it without an experienced attorney. Prosecutors handle these cases constantly and know the standard playbook. That said, “hard” doesn’t mean impossible. Cases get dismissed, dropped, and result in Not Guilty verdicts every day in Texas, particularly when there are issues with the traffic stop, the field sobriety tests, or the chemical testing process.
Is it worth it to fight a DWI case?
For almost everyone, fighting is worth it. The consequences of a DWI extend far beyond a single fine or court date. A conviction can mean a suspended license, skyrocketing insurance premiums, a permanent criminal record, and long-term damage to your career and housing prospects. Accepting a plea without exploring your options usually means accepting the maximum downside without ever testing the state’s case, and it can mean consequences for life.
What is the best defense against a DWI?
There’s no single best defense, because every case hinges on its own facts. The strongest defenses typically involve challenging whether the arresting officers had a legal basis for the stop, questioning whether standardized field sobriety tests were administered and scored correctly, or attacking the reliability of the breath or blood test itself.
How do I get my DWI dismissed in Texas?
Dismissals happen when the state can’t overcome a weakness in its own case, whether that’s an illegal stop, a broken chain of custody on a blood sample, or an officer who didn’t follow protocol. Getting there requires an attorney who knows exactly where to look for those weaknesses and how to present them effectively to a prosecutor or judge.
What are the odds of getting a DWI dismissed in Texas?
The odds depend entirely on the specifics of your arrest and the quality of your legal representation. Generic statistics don’t mean much here, because two cases with similar facts can have very different outcomes depending on how aggressively the evidence is challenged. This is exactly why the steps above, especially hiring the right attorney fast, matter so much. Your odds go up exponentially when you hire an attorney who knows how to fight a DWI in Texas and win.
Can a lawyer get a DWI dropped?
Yes. An experienced DWI defense attorney can get charges reduced or dropped entirely by identifying constitutional violations, evidentiary problems, or procedural mistakes made by law enforcement. This is far more common when an attorney is brought in immediately, before evidence disappears and memories fade.
The bottom line: hire an attorney who knows how to fight a DWI — and win.
Fighting a DWI in Texas isn’t about luck. It’s a process, and every step above builds on the last one. Say less at the stop. Decide carefully on the breath test. Call an attorney immediately. Request your ALR hearing before the clock runs out. Stay off social media. Preserve your own evidence. Get full copies of the state’s records. Then let your attorney do what they do best.
Mark Thiessen has been helping people fight DWIs in Texas for the last fifteen years. He’s got 160+ Not Guilty Verdicts and thousands of dismissals to his name. If you’re facing a DWI charge in Houston or anywhere in Texas, don’t wait to see how things play out. Contact Thiessen Law Firm at (713) 864-9000 or contact us online for a free consultation, and let’s start building your defense.
More Helpful Articles by Thiessen Law Firm:
- How To Get a DWI off Your Record in Texas
- Step-by-Step Guide to the ALR Hearing Process in Texas
- How Long Does a DWI Stay on Your Record?
- How Much Is Bail for DWI in Texas?
- What Is the Open Container Law in Texas?
