As an experienced DWI defense lawyer having practiced law in the Greater Houston area since 1995, many of my clients have asked about the chances of getting their DWI charges dismissed.
While it’s impossible to predict the outcome of any specific case, there are several strategies we used and will consider when feel we can get a DWI case dismissed.
Challenging the Legality of the Traffic Stop
One potential avenue we have for getting a DWI dismissed is to challenge the legality of the initial traffic stop.
Outside of a traditional traffic violation, law enforcement officers must have reasonable suspicion of criminal activity to stop your vehicle.
If we can prove that the officer lacked reasonable suspicion, any evidence obtained during the stop, including the results of sobriety tests, may be inadmissible in court. This can significantly weaken the prosecution’s case and will usually lead to a full dismissal of criminal charges.
Disputing Field Sobriety Test Results
Field sobriety tests are conducted by police officers to determine whether a driver is intoxicated. The District Attorney’s Office will then use these results as evidence of a crime.
However, these test aren’t the “end all be all” and can be subjective. The results of field sobriety test can be influenced by factors such as fatigue, medical conditions, poor instructions from the officer, or even poor training of the officer.
In some situations, we’ve successfully challenged the validity of field sobriety test results by demonstrating that it was improperly administered or affected by external factors. If and when the opportunity presents itself, we’ll take this route.
If you have questions about your particular situation, feel free to contact our law offices to schedule a meeting to discuss the matter.
Challenging Breathalyzer and Blood Test Results
Breathalyzer machines and blood tests are used to determine your blood alcohol concentration (BAC). However, these tests are not infallible. Factors such as improper calibration, incorrect administration, or contamination of the sample or the testing equipment can impact the reliability of these test.
By challenging the test results and the veracity of the testing process, we could weaken the prosecution’s case. If we’re able to weaken the state’s case, it’ll help our chances of getting your DWI case dismissed.
Examining Police Procedures
Another strategy for getting a DWI dismissed is to examine the procedures followed by law enforcement officers during your arrest.
If we can demonstrate that the officers violated your rights, the evidence obtained during your arrest may be deemed inadmissible. This can lead to a dismissal of your DWI case or criminal charge reductions.
Negotiating with the State of Texas
Talking With The District Attorney’s Office
In some cases, our legal team can negotiate with the prosecution to have your DWI charges reduced or dismissed. This process normally involves presenting evidence that weakens the prosecution’s case, demonstrating mitigating factors such as a clean driving record on your part, or you agreeing to participate in one of the state’s drug & alcohol education programs.
In both Harris County & Galveston County we’ve had success working with prosecutors in this regard. If you have any questions, again, feel free to contact our offices. We can be reached at 281-502-2122.
Factors That Can Affect Your Chances of Dismissal
While we’ve used the strategies we covered on numerous occasions to get DWI cases dismissed throughout Texas, several factors can affect the outcome of your case as outlined below.
- The strength of the evidence
- The circumstances of your arrest
- Your criminal history, particularly any prior DWI convictions
- The attitude of the prosecution and judge
Charged with Driving While Intoxicated?
Talk with an Experienced Texas DWI Lawyer Today
Ultimately, the chances of getting a DWI dismissed in Texas depend on the unique circumstances of your case and the skill of your defense attorney.
Since 1995, we’ve been instrumental in getting thousands of DWI, DUI, and other drunk driving related criminal charges dismissed.
By working with the Law Offices of Tad Nelson & Associates, you can be assured that your case will be thoroughly examined. You can also take solace in knowing that your rights will be protected, and that we’ll pursue every available strategy to help our chances of a favorable outcome.
If you’re facing a DWI charge in the Greater Houston area or elsewhere in southeast Texas, you’re invited to reach out to our law firm to secure legal counsel. We provide free initial consultations and case reviews for all of our clients.
Attorney Tad Nelson is Board Certified® in Criminal Law by the Texas Board of Legal Specialization, an ACS/CHAL Lawyer-Scientist, member of the National College of DUI Defense, and an effective defense attorney. We operate law offices in Houston, Galveston, and League City. Contact us at 281-502-2122 to discuss your case and explore your legal options.
