HOW TO DISMISS A TEXAS DWI CASE
DALLAS DWI DEFENSE ATTORNEYS
Dismissal of a DWI case in Texas is difficult, as the DWI process itself is very serious and costly. There are, however, a number of ways the case can be dismissed, most of which involve an error on the part of the officer, the court, or unreliable test equipment. Firstly, it is important to hire an experienced DWI attorney. DWI cases are based on a law enforcement officer’s opinion, and it is difficult to defend yourself in court without an attorney’s knowledge and expertise.
One legal route for dismissal of a DWI is no probable cause for the traffic stop. The convicting officer must have a legitimate reason for stopping a driver, and cannot stop them merely on a guess that they are intoxicated. There should be something objectively incriminating. A faulty breathalyzer test is another possible way to get a DWI charge dismissed. A miscalibrated-breathalyzer test may make the driver’s blood alcohol level appear higher than it actually is, resulting in a BAC level above .08.
Another route to dismissal is an unfair blood test. Any blood drawn without consent violates the driver’s 4th amendment rights, and a police officer must have a warrant for any forced blood draws. One final way for dismissal of a DWI is wrongful conviction on the part of the police officer. Sometimes officers may charge a driver for a DWI when they symptoms of objectification, such as bloodshot eyes, slurred speech, or a whiff of alcohol. These do not necessarily mean the driver has the legal BAC level needed for a conviction.
Although DWI dismissals are rare, the ways listed above are all possible routes to dismissal. Any individual who is convicted of a DWI should remember that they have the legal right to defend themselves in court and challenge faulty lab tests or unfair action on the part of law enforcement officers. Our attorneys for DWI defense in Dallas have represented clients in different counties of DFW area including Dallas, Collin, Tarrant, and Denton have represented clients in different counties of DFW area including Dallas, Collin, Tarrant, and Denton. With a combined experience of more than 45 years, our attorneys have the knowledge, dedication, and expertise to aggressively represent you to defend your driving while intoxicated (DWI) criminal matter. You should always hire the services of an experienced legal professional to defend your drunk driving charge to aggressively defend your criminal charges. Our attorneys and legal staff are available to discuss your case with you and give you the right legal advice to determine the right course of action for your future.
You can schedule a FREE CONSULTATION with a member of our criminal defense team by calling 972.789.1664, emailing firstname.lastname@example.org, or filling out the form on top of this page. We offer affordable DWI defense packages, have convenient installment plans, and accept all major credit cards.