Yes, you can get a DWI dismissed in Texas — and it happens more often than people think, especially when the evidence is weak, or the stop was unlawful. Although the number of Texas DWI dismissals varies widely depending on the jurisdiction, the averages are higher than most people expect — especially for first-time offenders who fight their case.
At Michael & Associates, we see a significant percentage of first-time DWIs dismissed or reduced, particularly when our team identifies early weaknesses in the traffic stop, field sobriety tests, or chemical testing. Our 39 senior trial attorneys routinely secure dismissals, and three members of our team hold DWI Scientist credentials from the American Chemical Society.
Key Takeaways
- Dismissal is most likely when there are problems with the traffic stop, field sobriety tests, or chemical results.
- Lack of proof or weak evidence can also lead to dismissals
- Even if your case isn't completely dismissed, there are other alternatives, including deferred adjudication, negotiating reduced charges, or completing a pretrial diversion program.
DWI Dismissal Rates in Texas's 5 Largest Counties (2024)
Michael & Associates' research team compiled 2024 data from Bexar, Dallas, Harris, Tarrant, and Travis counties, which shows:
- First-time DWI dismissal rate: 34.2%
- Second-offense DWI dismissal rate: 15.2%
- Felony DWI (third or more): 6.17%
Full Breakdown
Here is the complete breakdown of DWI dismissals in 2024:
|
DWI type |
Total cases |
% of cases dismissed |
|
First offense |
30,066 |
34.2% |
|
Second offense |
5,902 |
15.2% |
|
Felony DWI (third or subsequent offense) |
5,766 |
6.17% |
Source: Travis County Criminal Analytics
Statewide DWI Dismissal Rates
Because not all counties report data consistently, statewide statistics are less precise. But the Texas Department of Public Safety Crime Records Division gives a reliable snapshot:
Texans who plead not guilty and fight their case see the following results:
|
Total number of DWI charges |
83,361 |
|
Dismissals |
10,021 (12%) |
|
Release with no charges |
3,793 (4%) |
About 17% end up convicted of a reduced charge.
In other words, according to the DPS statistics, approximately 1 in 3 Texans who contest their DWI charge end up with a dismissal, no-charge release, or a reduction.
Why DWI Dismissal Rates Vary So Much
There is no single statewide dismissal rate because:
- Law enforcement agencies track data inconsistently.
- Counties do not break dismissals down by offense severity
- Political priorities vary—some district attorneys are tougher on DWI than others.
- Repeat offenders face stricter prosecution and fewer dismissal opportunities.
5 Ways to Get a DWI Dismissed in Texas
Your attorney will need to investigate every step of your DWI traffic stop, arrest, and booking.
1. Illegal Traffic Stop
If the officer didn’t have reasonable suspicion to pull you over, the entire case can collapse. This is one of the most common dismissal triggers.
2. Improper or Unreliable Field Sobriety Tests
Sobriety tests must follow strict standards. A DWI may be dismissed when:
- Instructions were unclear
- The officer didn’t demonstrate correctly
- The test environment was unsafe
- Medical conditions affected performance
Our attorneys regularly challenge SFSTs and expose inaccuracies.
3. Unreliable Breath or Blood Test Results
This is where our scientific training becomes critical. With three ACS-certified DWI Scientists on staff, we frequently uncover:
- Calibration issues with breath machines
- Mishandled or contaminated blood samples for BAC testing
- Lab technician errors
- Faulty chain of custody
- Fermentation or clotting in vials
When the science is bad, prosecutors often have no case.
4. Violations of Your Constitutional Rights
If police violated your rights — such as conducting an illegal search or ignoring your request for an attorney — key evidence can be suppressed, leading to dismissal.
5. Lack of Proof or Weak Evidence
Dismissals also happen when prosecutors can’t meet the burden of proof, especially when:
- Body cam contradicts the police report.
- The officer fails to appear.
- Observations don’t match the alleged level of impairment.
Weak evidence significantly increases the odds of a dismissal.
Alternatives to Dismissal
Even if your attorney can't get your DWI charges completely dismissed, there are other alternatives to help keep your criminal record clear.
- Deferred adjudication can prevent a conviction and can allow you to seal your record later. Several Texas counties regularly offer it for qualifying first-time defendants.
- Negotiating reduced charges can often get your charges reduced to a lower-level infraction, such as reckless driving.
- Pretrial diversion programs allow eligible defendants to complete specific conditions in order to avoid a criminal conviction.
- Serving probation in lieu of jail time allows a convicted person to remain in the community while following strict rules.
An experienced DWI attorney should be able to review all of your options during your initial case review.
How Michael & Associates Gets DWI Charges Dismissed
With 39 senior trial attorneys, including three ACS-certified DWI Scientists (Chris Denuna in Houston, James Fletcher in Austin, and RC Pate in San Antonio), our team brings unmatched firepower to DWI defense. We immediately review:
- Dash/body cam footage
- Probable cause for the stop
- Sobriety test administration
- Breath and blood lab data
- Chain-of-custody errors
- Constitutional violations
We know precisely where officers and labs make mistakes — and we leverage that to push for dismissals.
FAQs
How often are DWIs dismissed in Texas?
Arrest data from the Texas Department of Public Safety (DPS) shows that in 2022, 16.52% of DWI arrests were either dropped or dismissed. At Michael & Associates, our firm's internal data shows that our dismissal rates are even higher in the counties where we practice because our attorneys aggressively challenge traffic stops, sobriety tests, and chemical results. Identifying early errors often leads to dismissals or significant charge reductions.
What are the most common reasons a DWI gets dismissed?
Dismissals typically happen when there’s a flaw in the evidence. The most common reasons include:
- Illegal traffic stops
- Bad or improperly administered field sobriety tests
- Unreliable breath or blood results
- Chain-of-custody or lab errors
- Constitutional violations
With three ACS-certified DWI Scientists on our team, we often uncover scientific and procedural problems that prosecutors can’t defend. Five more of our attorneys are currently completing the training. To date, only 41 lawyers in Texas have earned this certification.
What if my DWI can’t be entirely dismissed?
Even without a full dismissal, there are strong alternatives to keep your record clean, including:
- Deferred Adjudication, which avoids a conviction and may allow record sealing
- Reductions to lesser charges, such as reckless driving or obstruction
- Pretrial diversion programs
- Negotiated probation with no additional jail time
An experienced DWI attorney can walk you through every option during your case review.
Sources
Michael & Associates research, Texas DWI and DUI glossary, Travis County Criminal Analytics, Texas Department of Public Safety Crime Records Division DWI Summary Report
