Wondering how to get a DWI dismissed in Texas? It’s difficult, but not impossible, and often hinges on mistakes made by law enforcement. Think about what happened before, during, and after the traffic stop that could spell issues for our boys in blue — one of these could be the key to getting your DWI dismissed. While the officer may not have acted badly, any missteps could call the stop into question. Identifying these errors is key to building a strong defense with your DWI attorney in Houston.
Here are just a few of the mistakes you and your legal team should be on the lookout for:
- Illegal traffic stops
- Botched field sobriety tests
- Faulty breathalyzer results
- Chain of custody issues with blood tests
- Miranda rights violations
- Video evidence that contradicts the officer’s report
Don’t try to make it through this legal minefield alone. At Thiessen Law Firm, Mark Thiessen and his team have secured thousands of case dismissals by spotting these exact mistakes that others miss. Mark brings specialized scientific knowledge to tear apart the prosecution’s case as he is both an ACS-CHAL Lawyer-Scientist and the current DWI Committee co-chair for the Texas Criminal Defense Lawyers Association.
Your future is on the line — call Thiessen Law Firm today at (713) 864-9000 or contact us online to put a proven DWI dismissal specialist in your corner.
Can you get out of a DWI in Texas?
Yes, you can absolutely get out of a DWI in Texas. The state might seem to have a rock-solid case against you, but experienced defense attorneys know that even the smallest procedural errors can create reasonable doubt. Whether it’s questionable probable cause, improper testing procedures, or contradictory evidence, these flaws can be your pathway to getting charges reduced or dismissed entirely.
The key is identifying these critical weaknesses that prosecutors hope you’ll never notice. While they’re counting on your ignorance of the complex science and law behind DWI cases, knowing what to look for puts you in a position of power. With the right strategy, what seemed like an inevitable conviction can quickly transform into your second chance.
Continue reading: Is a DWI a felony?
What are the chances of getting a DWI dismissed?
The chances of getting your DWI dismissed in Texas are better than most people think. While every case is unique, the right defense strategy can turn that flashing-lights nightmare into nothing but a bad memory. Texas courts see thousands of DWI dismissals every year — not by accident, but because skilled attorneys know exactly where to find the mistakes that can torpedo the state’s case.
What are the odds of getting dismissed for a DWI in Texas? With a specialist who knows their way around breathalyzer calibration records and field sobriety test manuals, the chances of getting a DWI case dismissed only increase. That number is even higher in major cities like Houston, where prosecutors are drowning in cases and looking to clear their desks.
The pseudoscience they call “evidence” in most DWI cases simply doesn’t hold up when put under a microscope by someone who actually understands the science. Remember — they have to prove your guilt beyond any reasonable doubt, and creating that doubt is how the game is won.
How can I get a DWI dismissed in Texas?
Proving the traffic stop was illegal
One of the first things we look at when figuring out how to get your DWI dismissed in Texas is whether or not you should have even been pulled over in the first place. Officers are required to have reasonable suspicion before initiating a traffic stop. If there were no noticeable signs of drunk driving (such as swerving or failing to stop at a traffic sign) or if they had no other legal reason for the stop, this could land you one step closer to a DWI dismissal.
In some counties, first-time offenders might qualify for a DWI dismissal program known as pretrial diversion, but even if you don’t qualify, attacking the legality of the initial stop can get everything that followed thrown out.
Challenging improperly conducted field sobriety tests
Field sobriety tests are a joke, plain and simple. These “standardized” tests are designed for you to fail, and they don’t account for dozens of factors that have nothing to do with intoxication. Bad weather, uneven pavement, nerves, physical disabilities, or even inappropriate footwear can all cause you to “fail” these tests. Even better, officers frequently administer these tests incorrectly, as most of them haven’t been trained to do so in quite a while.
Whether it’s your first DWI in Texas dismissed, or we’re after your second or third, finding the flaws in how these tests were conducted is a winning strategy — and trust us, there are constantly flaws.
Learn more: Can you refuse a field sobriety test?
Disputing faulty breathalyzer results
Not many people know that they can question the validity of the BAC tests that assert they were driving over the legal drinking limit. In reality, though, there are a million and one things wrong with BAC testing, from faulty equipment to faulty readings. Breathalyzers are notoriously unreliable; they can be affected by everything from miscalibration to diet soda, mouthwash, or even certain medical conditions giving false positives. A skilled attorney can tear these results to shreds, creating reasonable doubt that can get your DWI dismissed faster than you can say “not guilty.”
Exposing chain of custody issues with blood tests
Blood tests might seem more accurate than breathalyzers, but they’re just as vulnerable to attack when you know where to look. Was your blood sample properly labeled? Was it stored at the correct temperature? Did it sit unattended at any point? Who had access to it? One tiny break in this chain of custody can render your blood test results inadmissible.
For those wondering how to beat a DWI in Texas, especially if you’re dealing with a DWI in Texas 2nd offense (which carries much harsher penalties), these chain of custody arguments can be invaluable to your defense.
Using video evidence that contradicts the officer’s report
Let’s say your BAC test results are quite high, but the dashcam or body camera footage tells a different story. Instead of stumbling and slurring like someone with a 0.15 BAC should be, you’re calm, collected, and speaking clearly.
This kind of contradiction creates reasonable doubt that no prosecutor wants to face in court. When looking for a DWI lawyer near you, make sure they know how to obtain and effectively use this crucial video evidence in your defense. Believe it or not, good video evidence has gotten countless defendants acquitted of their charges.
The best way to get your DWI dismissed? Call Thiessen Law Firm.
After you’ve been charged with a DWI, the biggest mistake you could make is not taking the charge seriously. Even though DWIs are common charges, the penalties can be severe. A DWI can set you back tens of thousands of dollars, and if you’re not careful, you could find yourself facing a lengthy stint in jail. To make matters worse, DWIs can remain on your record and negatively impact your life indefinitely.
At Thiessen Law Firm, we know how to get a DWI dismissed in Texas. So let us help. Give us a call at (713) 864-9000 or fill out our online contact form to request a free case evaluation.
Think you’re the only one out there facing DWI charges? Think again. Check out our friendly reminder that anyone — and we mean anyone — can get slapped with a DWI charge.
More Helpful Articles by Thiessen Law Firm:
- Pretrial Diversion vs. Deferred Adjudication in Texas
- DWI Child Passenger in Texas: What You Need to Know
- Can You Get a DWI Expunged in Texas?
- How a DWI Attorney Fights a DWI in Texas
- Texas Weed Laws: The Definitive Guide
