Getting arrested and charged with a DWI in Texas is a stressful experience that nobody wants to go through. But the good news is that charges do not always lead to a conviction. A first DWI can—and should—be defended against.

Here at Michael & Associates, our #1 goal is always a dismissal, and we have a great success rate dismissing 1st time DWIs.  Below is more info on our methodology, but we highly recommend you call us ASAP for a free case review.

Driving While Intoxicated (DWI) in Texas Explained

Before you can fight a DWI in Texas, it is important to understand what constitutes Drinking While Intoxicated as it is described in the Texas Penal Code. According to Texas Penal Code § 49.01,  “intoxicated” is defined as either or both of the following:

(A) Not having the normal use of your mental or physical faculties because of the consumption of alcohol, a controlled substance, a drug (prescription or otherwise), a dangerous drug, or a combination of any of the above.

(B) Having an alcohol concentration (BAC) of 0.08 or more.

When a police officer pulls you over, they will determine based on your behavior, speech, and ability to conduct field sobriety tests whether you appear to be impaired. The decision is subjective, so even if your BAC registers below 0.08, a police officer can still arrest you if they believe you appear intoxicated.

What to Do If I Get a DWI in Texas?

If you’ve just been charged with a DWI for the first time, try to remain calm despite the stressful situation, and speak respectfully and politely when dealing with the police and other authorities. Any arguments or a perceived bad attitude could be used against you later.

Do not admit guilt during your arrest. Invoke your right to remain silent, which means you should refuse to answer any of their questions other than identifying yourself, then get in touch with an experienced DWI lawyer as soon as you can. Securing legal representation with the right attorney is the most important thing you can do.

Could DWI in Texas Be Dismissed in Court?

The best outcome you can hope for if you have been charged with a DWI is that it gets dismissed. As optimistic as this may seem, it’s not impossible, especially if you have not admitted guilt.

One of the best strategies for defending against a DWI is to challenge the reason for the initial stop—police officers in Texas must have “reasonable suspicion” that you were committing a crime before they can pull you over.

We discuss other strategies that can be used to fight against a DWI charge further down in this article, but your chances of a successful defense will depend on how much experience and knowledge your attorney brings. To maximize your chances of a DWI dismissal or reduced charges, choose a DWI attorney with a proven track record of success in DWI cases.  

You Must Plead Not Guilty

If you plead guilty to a DWI offense, you will not be able to have it dismissed. 

Entering a “not guilty” plea is absolutely necessary to get a DWI dismissal, or otherwise increase the chance of getting your charges reduced. Pleading “not guilty” allows you to challenge the charges with the backing of a strong attorney later.

DWI in Texas Conviction Statistics

According to the Texas Department of Public Safety, 82,843 DWI charges were reported in 2022. Of that number, 1,771 resulted in release with no charges.

Of the total number of charges, 12,525 guilty pleas were entered—that’s approximately 15 percent. Comparatively, only 523 please of “not guilty” were entered.

A total of 8,400 convictions were handed out for the original offense, while 4,185 were convicted of different—presumably lesser—charges.

In 2022 alone, 1,983 charges were dismissed.

The Best Strategy to Get DWI Dismissed in Texas

The first step in fighting a DWI is to ascertain how strong the state’s DWI case against you is, including what evidence they think they have. The best way to do this is to attend an ALR hearing.

An Administrative  License Revocation (ALR) hearing is a legal procedure that is separate from the DWI trial—it gives the state a chance to determine if your license should be suspended, and you the chance to demonstrate why it shouldn’t. It’s also the perfect opportunity for you and your attorney to test the waters and see what you’re up against when it comes to the DWI case.

At the ALR hearing, your attorney may be able to argue your case in one or more of the following ways:

• By demonstrating that the police officer did not have reasonable suspicion when stopping you;
• By demonstrating that the field sobriety tests were not carried out properly;
• Arguing that the police officer did not have probable cause for arresting you;
• Revealing any discrepancies in the officer’s testimony.

A successful ALR hearing increases your chances of a successful trial, or even dismissal, though it doesn’t guarantee it.

When it comes to your DWI trial, one of the best strategies an experienced defense attorney can use against the state’s DWI case is to challenge their evidence. For example, Breathalyzer tests are not always accurate—certain factors, such as not using the device correctly, incorrect calibration, or the presence of entirely legal substances—such as over-the-counter medication—on your breath could give an inaccurate result even if you are not impaired.

Additionally, a good DWI lawyer can use discrepancies and inconsistencies between the arresting police officer’s report, camera footage, and testimony to cast doubt on the credibility of the case.

The success of the above strategies depends significantly on having the backing of a confident and experienced criminal defense lawyer, however. A DWI conviction can negatively impact almost every aspect of your life through collateral consequences—it’s not just a fine or jail time you have to consider, but also a permanent criminal record that flags up when you least expect, for example, when applying for a loan, a job position, or trying to rent an apartment.

At Michael & Associates, we’ve been fighting DWIs in Texas—and succeeding—for over 50 years. We know how stressful DWI charges can be, and we also know that every case is different. That’s why we offer a free case review.

If you’ve been charged with a DWI, don’t waste any more time. Contact Michael & Associates today to begin building a robust defense case.