Yes, it is possible to get a DWI dismissed in Texas. Police officers often make mistakes in gathering evidence.
When that happens, you may be able to get the evidence suppressed, so the State cannot use it in the prosecution of your criminal case.
Evidence is suppressed by the courts when there is a violation of an individual’s rights, or something that occurred in the process undermines the reliability of the evidence in the case.
For example:
- The police may have lacked reasonable suspicion to make the traffic stop,
- there might have been problems with the maintenance of the breathalyzer,
- the warrant may have been insufficient, or
- the blood draw and storage may have been done improperly.
Law enforcement must follow specific protocols to ensure they do not infringe on your rights. When the State can’t use crucial evidence at trial, the prosecution will often file a motion with the court to dismiss the DWI charges.
The skilled DWI attorneys at Austin Hagee Law Firm know how to get a DWI dismissed in Texas.
Whether you’re trying to get your first DWI in Texas dismissed or you’ve had previous DWI convictions, we will explore every avenue to help you get the best outcome in your case.
To get started, contact us today.
What Are the Consequences of a First-Time DWI?
The consequences of a first-time DWI can be significant for your record and future. You potentially face jail time, a permanent criminal conviction, driver’s license suspension, and fines costing thousands of dollars.
A first-time DWI is a Class B misdemeanor in Texas. Certain aggravating factors of your case can increase the penalties further. For example, if you were driving with a minor under 15, the penalties can increase to a felony.
Or if your blood alcohol content (BAC) was 0.15 or higher (0.08 is the legal limit), then the offense is a Class A misdemeanor. With high stakes like this, you are likely wondering how to get your first DWI in Texas dismissed.
How to Get a DWI Dismissed in Texas
Police errors present opportunities for getting a first DWI in Texas dismissed. Some areas in which police commonly make mistakes include the following.
Reasonable Suspicion
The police must have reasonable suspicion to pull you over. That means they need a clear, and legally proper, reason to make the traffic stop of your vehicle. The Constitution protects you from being stopped on a whim by law enforcement officers.
This protection from unjustified detainment and investigation is your constitutional right. If you did not commit a traffic violation and there were no noticeable signs of a DWI, the officer likely did not have the right to pull you over.
BAC Mistakes
Breathalyzers and blood draws are sometimes unreliable, which could result from machine malfunction as well as user error in processing or taking a blood sample.
Equipment must also be calibrated often and can produce inaccurate results for people with certain medical conditions. If you have evidence that the breathalyzer result or blood test result was unreliable, the court may suppress that evidence.
Not Following Protocols
Protocols are in place to protect your rights. For example, there are rules that police officers have to follow when stopping a vehicle, initiating an investigation of a stopped vehicle, interrogating the driver, conducting roadside sobriety tests, and in writing their report.
Inconsistent Video Evidence
If there is video evidence, it may help your case. For example, if your blood alcohol level was higher than the legal limit, but the video shows you appearing sober, it may raise questions regarding whether police had probable cause to arrest you at the time.
These are just a few examples of the mistakes that police officers can make during a DWI arrest. An attorney can help you identify these and other errors that might help you get your DWI charge dismissed.
Could Your DWI Be Dismissed?
In Texas, the chances of a DWI dismissal range from 34% to 6.17%, depending on the type of charge. While dismissal is rare, it is not impossible, as state government statistics show.
At Austin Hagee Law Firm, We Can Help Get Your DWI Dismissed in Texas
You and your family need a skilled, experienced DWI attorney to help sift through the evidence and handle your case in the best possible manner.
At Austin Hagee Law Firm, we are former prosecutors who understand how to accomplish this goal.
So please contact us today to discuss your situation as soon as possible so that we can prepare the best defense tailored to you.
Where You Can Find Our San Antonio, Texas Office
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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