In Texas, a DWI (Driving While Intoxicated) is when someone drives a vehicle while impaired by alcohol or drugs. Penalties for this offense can include fines, losing your license, and even jail time. However, there are some factors that can lead to dismissal of your case including procedural errors or insufficient evidence. It is important to be aware of these situations so you can properly defend your case. This blog will cover the different situations where a DWI may be dismissed, including legal grounds and procedural errors.
Legal Grounds for Dismissal of a DWI
While every DWI situation is different, there are legal grounds that can be used for the dismissal of a DWI charge. Below are some common legal grounds for why a DWI case may be dismissed in Texas:
- Lack of Probable Cause for the Traffic Stop: If there’s no probable cause for the traffic stop like reckless driving or a traffic violation, any evidence gathered after the stop could be thrown out. Without proper justification, the entire case may be dismissed.
- Insufficient Evidence of Intoxication: If the evidence isn’t strong like an unreliable field sobriety test or unclear BAC results, there may not be enough to charge you for a DWI. Questionable or weak evidence can lead to a dismissal or reduced charges.
- Violation of Constitutional Rights: If an officer conducts an illegal search, fails to get proper warrants, or violates your rights in any other way, it can have serious consequences for the case. Evidence obtained unlawfully could be thrown out, which could lead to the case being dropped.
Learn More: Understanding DUI/DWI Laws in Texas
Procedural Mistakes That Could Lead to Dismissal
- Improper Arrest Procedures: Mistakes during the arrest process can cause a case to be dismissed. For example, if the officer failed to read you your Miranda rights it could weaken the case. These types of procedural errors may invalidate the arrest and lead to a dismissal.
- Chain of Custody Issues: If there are gaps in the chain of custody—such as mishandling of your breathalyzer or blood test results, the evidence may not be able to be used. Breaks in this chain can result in evidence being thrown out, which may lead to a dismissal.
- Faulty Breathalyzer or Blood Test Results: Breathalyzers and blood tests may not always be accurate. Malfunctions, improper calibration, or human error in the testing process can lead to inaccurate results. If the defense can demonstrate that the equipment was faulty or the tests were improperly conducted, the evidence may be thrown out.
Other Factors That May Affect Dismissal
Besides legal grounds and procedural errors, there are other factors that can influence whether a DWI case is dismissed. Here are two key considerations:
- Criminal History and Repeat Offenses: If you have a clean record, the chances of dismissal may be higher, especially for first-time offenders. On the other hand, repeat offenses can make it more difficult to get their case dismissed.
- Strength of the Prosecution’s Case: The strength of the evidence presented by the prosecution plays a significant role. Weak or insufficient evidence may increase the chances of the case being dismissed, whereas strong evidence could lead the case to trial.
Final Thoughts: Can You Get a DWI Dismissed in Texas?
Yes, it is possible to have a DWI dismissed in Texas, but it depends on many factors. From legal grounds like lack of probable cause to procedural mistakes like improper arrest procedures, each of these situations could lead to dismissal if strong evidence is presented proving it occurred.
If you’re facing a DWI charge, the best step is to consult with a skilled attorney who can evaluate the specifics of your case. Contact C.L. Swisher Legal Group, a trusted criminal defense attorney in Houston, TX, for expert guidance and representation to help you fight for a possible dismissal.
