August 22, 2024
If you get a DWI in Texas, many consequences can follow. You may be convicted on your DWI charge and face jail time, fines, driver’s license suspension, and consequences that affect your future. It can be a scary situation, mainly when it follows a fun evening out with friends or family. One minute, you’re driving, and the next, an officer is pulling you over and placing you under arrest.
You may be wondering if a DWI can be dismissed in Texas. In order for DWI dismissal, you need to contact a DWI defense attorney who can review the specifics of your case. You may be able to have your DWI case dismissed, but it will depend on certain factors.
If you currently have a DWI charge in Texas, The Napier Law Firm, PLLC, is dedicated to representing those facing DWI charges. Our dedicated legal team has a deep understanding of the laws in the state and will uphold your legal rights. In this blog post, we delve into DWI charges and how you may be able to get DWI dismissed in Texas.
Understanding Your DWI Charges
DWI in Texas is defined as not having the mental or physical faculties to be capable of operating a motor vehicle due to the consumption of alcohol, dangerous drugs, or both of these substances. The legal limit for blood alcohol concentration (BAC) is 0.08% or higher.
A police officer must have probable cause to make a traffic stop prior to your arrest. Often though, DWI offenses can be dismissed. The exact DWI dismissal rate is murky, though; with the right defense attorney, you can get a more lenient sentence or have your DWI dismissed in Texas.
Grounds for Having DWI Dismissed
Can a DWI be dismissed? If you have a DWI charge, you may be able to have it dismissed in Texas. DWI cases have several ways to be resolved, which can include trial, plea bargain, or dismissal of the DWI charge. The majority of DWI cases are dismissed because of mistakes made during the traffic stop by the arresting officer or during tests, including the breath or blood test and field sobriety tests.
If you have a DWI charge, there are a few ways your DWI case could be dismissed.
No Reasonable Suspicion
Law enforcement officers need to have a reason to stop you while you’re driving your vehicle. In an arresting officer’s testimony, they must have proof that you were engaging in reckless driving or another action that would be deemed unlawful. Your DWI lawyer can file a motion to suppress any evidence that was obtained by law enforcement agencies without reasonable suspicion.
No Probable Cause
In addition to a lack of reasonable suspicion, officers must have probable cause to search your vehicle, give you a breath or blood test, or arrest you. It’s an element of proof, and without probable cause, there is a good chance that your DWI case can be dismissed if the police violated these terms.
Inaccuracy of Blood Alcohol Content (BAC) Tests
Inaccurate testing can easily make it look like you are over the legal limit when you are not and result in a DWI charge. DWI defense often looks at the testing aspects to see if the case can be dismissed.
Many law enforcement agencies do not have officers who are appropriately trained in how to use the testing devices. A blood sample can also become contaminated, making it invalid and providing a reason for dismissal of your DWI in Texas.
An experienced attorney is essential since many foods and drinks like fermented soda, energy drinks, or protein bars can provide a false reading. Additionally, if you take prescription medications to manage certain health conditions, these may impact the results.
In short, your DUI case may be dismissed for these reasons and many more. The best chance you have to avoid the legal consequences of DWI and a permanent criminal record is to exercise your constitutional rights and seek competent legal counsel immediately.
Legal Penalties for DWI in the State of Texas
You will face a class C misdemeanor if you drive with an open container and a class B misdemeanor for DWI in Texas if you have a BAC of 0.08% or higher. Felony DWI charges are also possible if there is a minor in the car with you, it’s a subsequent offense, or you’ve caused a car accident that resulted in bodily injury or fatality.
The Texas penal code has set the penalties for DWIs. With a first offense, you will have a mandatory 3-day jail sentence in the county jail and up to $2,000 in fines. The jail time you serve could be a maximum of 180 days. You’ll also lose your license for up to one year. A second offense could have you behind bars for up to a year and paying $4,000 in fines. You’d also have no driving privileges for up to 2 years. For third offenses, you will face between 2 and 10 years in prison and a $10,000 fine along with suspension of your driver’s license for 2 years.
Whether it’s your first time or any subsequent offense, aggravating factors could result in a state jail felony for your criminal case or other consequences. For example, driving impaired with a minor in the vehicle will result in charges for child endangerment if that minor child is under the age of 15.
A DWI in this state can destroy your future and your freedom. You should never face your court date or the legal process on your own. Instead, make sure you discuss your current legal situation with an attorney who can come to your defense and either get a dismissal or a lesser offense.
Steps to Take If You’re Arrested for DWI in Texas
Knowing how much is at stake when you get a DWI in Texas, the steps you take in this situation, along with your DWI defense, may be instrumental in the outcome. DWI is a permanent criminal conviction that will remain on your criminal history. Unless you want to lose the career you’ve worked hard for or be scrutinized for apartments, loans, and social settings, take these steps starting with the moment you are pulled over.
Cooperate with the Police
It does not matter whether you were drinking, taking drugs, or completely sober. Always be polite and respectful when speaking to the police. When they ask for your license and registration, do not make any sudden moves and comply with their request for this information.
Field Sobriety Testing Is Subjective
You are not obligated to take these types of tests, though you may still be arrested on a DWI charge in Texas. Upholding your right to decline field sobriety testing will limit the evidence obtained against you.
Exercise Your Rights
You have the right under the law to remain silent and ask for an attorney’s representation. Make sure you use these constitutional rights when facing a DWI or in any criminal cases.
In the event that your DWI can’t be dismissed, your DWI defense team will look to see if any mistakes were made in the police reports. There may be insufficient evidence, or the method of gathering evidence could have been used incorrectly. This would mean that you may have a chance to take probation or a plea deal that is more favorable. Lesser charges may be an option if you plead guilty. Before you make any rash decisions and enter a guilty plea, always consult your attorney on the pros and cons of pleading guilty.
What Happens with a DWI Conviction on Your Record?
Whether you are convicted of DWI or you had your case dismissed, Texas law still will have a record of your criminal case. After some time and in specific scenarios, you may be able to have this removed from your record. If a pre-trial diversion program is offered, you can also have it removed.
How an Experienced DWI Attorney Can Help with Your DWI Arrest
If you have been charged with DWI, even if you did nothing wrong, you can’t talk your way out of it on your own. The Napier Law Firm, PLLC, provides defense services for people facing these types of charges.
From the initial consultation process, we will listen to your side of the story and work to investigate what happened to fully assess your case and develop the most effective strategy to help you avoid the consequences that can come from a conviction. While we cannot guarantee that we can get your case thrown out, we will work tirelessly to protect your future and your freedom.
With our representation in the local courts and our negotiation skills, we have many ways to handle DWI. The clock will be ticking from the moment you are arrested and booked. Don’t waste a second of that time and make the smart move by getting an attorney to protect your rights and come to your defense.