Sharing drinks with family and friends is a common and legal pastime. However, even responsible drinkers can end up driving while intoxicated. Although charges related to drunk driving are frequent, it’s necessary to know that they aren’t equal to a conviction. There are several legal ways you can challenge these charges.
A DWI conviction can lead to severe penalties, including license suspension or jail times. If you’re charged in Texas for being drunk while driving, it’s crucial to know if there’s any likelihood of your case being dropped.
Here’s what to know about DWI dismissal chances in Texas
Factors Impacting DWI Cases
Many factors can affect the outcome of your DWI case.
- Blood Alcohol Content (BAC): This element is key when you’re arrested because elevated levels can cause severe consequences. When your levels exceed the required legal limits, you might face felony charges.
- Previous Offenses: Conviction that happened in the past, like DUI/DWI or drug-related manslaughter, can impact your current case. These charges can result in more stringent handling by the court.
- Aggravating Circumstances: Some incidents can worsen your case. They include having an accident that causes injury or death. Such scenarios can escalate your charges to felony-level crimes with harsher penalties.
Additionally, consulting legal counsel familiar with DUI/DWI cases can enhance your chances of the charges removed.
Grounds for Dismissal of DWI Charges
No matter how challenging your DWI case may be, it can still be removed under specific circumstances. When building an airtight case, it’s essential to understand Texas DWI laws. Plus, you need to know what factors can affect your case.
Your legal team can explore the following grounds for dismissal.
1. Improper Police Conduct
Despite strict DWI rules, law enforcers must follow certain procedures when arresting or making traffic stops. If they engage in unlawful behavior, like an unwarranted stop or an illegal search, it could end your DWI charges.
2. Faulty Field Sobriety Tests
Police officers measure impairment using subjective field sobriety evaluations. However, test outcomes can be affected by factors such as:
- Health conditions
- Fatigue
- Nerves
- Weather conditions
Improperly executed or inaccurate tests can be challenged in court. Your attorney may argue that these unreliable tests shouldn’t be used as irrefutable proof in your case.
Such cases have always resulted in dismissal of DWI in Texas. Several circumstances have seen charges dropped as a result of inaccuracies of field sobriety tests.
3. Inaccurate Breathalyzer or Blood Test Results
In most DWI cases, blood tests and breathalyzers are standard tools used to examine BAC levels and present objective proof. However, mistakes can happen when analyzing or during administration that can affect their accuracy. The errors may include:
- Breathalyzer calibration issues
- Improper handling of blood tests
- Lab analysis contamination
- Sample mishandling leading to skewed results
- Equipment malfunctions
A seasoned attorney will assess the circumstances of your blood or breathalyzer test results. They will establish any existing irregularities that could eventually lead to dismissal.
Improper testing methods have in the past lead to invalidation of BAC readings, leading to the removal of charges. If such a situation applies in your case, your DMI charges in Texas may be dropped.
4. Violation of Miranda Rights
In Miranda rights case, suspects have a right to be notified from the police about their legal right to not speaking. Also, they can seek guidance from an auto accident lawyer when questioned. Failure by law enforcers to implement these rights often leads to your DWI dismissal if it significantly alters your defense strategy.
Judicial rulings emphasize the need of maintaining Miranda rights during interrogation and arrest.
Increasing the Chances of Dismissal of DWI in Texas: The Role of Legal Representation
1. Benefits of Hiring a DWI Lawyer
Contacting a DWI attorney is a key step toward achieving possible dismissal. A seasoned lawyer familiar with drunk-driving cases possesses relevant expertise and knowledge. These professionals can significantly enhance your defense. They specialize in this area of law, and they will help you handle the legal process to protect your rights.
2. Case Evaluation and Evidence Examination
After hiring a DWI lawyer, one crucial aspect they focus on is evaluating your case thoroughly. The assessment involves analyzing the following evidence:
- Police reports
- Eyewitness testimony
- Chemical test results
- Field sobriety test videos
The review aims to identify procedural mistakes or inconsistencies that could cause dismissal. The process also looks at the reasons behind your arrest. It helps to establish if the police behaved responsibly throughout every stage. From initial investigation to the likely cause for arrest.
3. Negotiations and Legal Strategies
Another key benefit of legal representation is negotiating with prosecutors. DWI lawyers have relevant skills and experience to defend clients with similar charges. They can negotiate plea bargains, leading to:
- Reduced charges
- Alternate sentencing options
- Dismissal
Additionally, these lawyers will evaluate your case and create a defense strategy custom-made for you. Their unique understanding of the law related to your arrest will help guide you through the legal processes. In the end, they’ll work towards having your charges removed whenever possible.
In conclusion, every DWI case is unique. Hiring a competent DWI advocate improves your odds of reaching dismissal in Texas. These legal professionals offer benefits like case assessment and evidence analysis that could uncover grounds for removal.
Additionally, their ability to engage prosecutors and create successful legal strategies reinforces your defense further.
Do not undervalue the significance of a competent lawyer when facing DWI charges. It’s necessary to get someone who can passionately fight on your behalf and possibly attain a favorable outcome.
Remember, hiring a legal professional specializing in DWI cases is key to increasing your chances of dismissal.
The Factors Affecting the Chances of Dismissal of DWI in Texas
When assessing if a DWI charge may be dropped, several factors arise:
Strength of Evidence
Dismissal of your case significantly depends on the strength of evidence presented. If the evidence contains substantial inconsistencies like unreliable field sobriety tests, it could support your case for dismissal.
Legal Expertise
Having expert legal counsel significantly enhances your likelihood of securing a removal. A knowledgeable lawyer dealing with DWI cases has a thorough awareness of relevant laws that help unearth flaws or violations that could lead to dropping of your case.
Procedural Issues
Any technical errors from law enforcers during your arrest and investigatory process might work in your favor. Infringements like lack of credible cause for stopping you on suspicion of driving under influence of alcohol can result into suppression of evidence or even total dismissal of charges.
Case Studies: Successful DWI Dismissals
To illustrate that obtaining a dismissal is not merely wishful thinking, but rather an attainable outcome under certain circumstances, let’s take a look at some real-life examples of DWI cases dismissed in Texas:
Insufficient Probable Cause
In one incidence, the officer carrying out arrests didn’t have sufficient reason to start the traffic stop. After the DWI arrest, the defense lawyer successfully argued against this contravention. The defendants’ rights had been violated under the Fourth Amendment rights and caused an unlawful arrest. Consequently, all evidence found after the illegal traffic stop was suppressed, and the charges were dismissed.
Faulty Breathalyzer Test
In another case, the defense succeeded in proving that the police didn’t calibrate the breathalyzer device properly. This raised serious doubts about the validity of BAC readings. It substantially undermined the prosecution’s case against the accused, leading to a dismissal.
Conclusion
Handling DWI charges isn’t easy. The whole ordeal can turn your life upside down. However, if you’re in such a position, you need to understand the avenues for dismissal. By being aware of key factors such as evidentiary weaknesses, legal expertise, and procedural issues, you can better assess your chances for achieving a favorable outcome.
While successful dismissals are possible, as evidenced by real-life case studies provided above, it is crucially necessary to consult with an experienced Houston accident lawyer who specializes in Texas laws related to intoxication offenses. They possess the necessary knowledge and skills required to navigate through complex legal processes and maximize your chances of securing a dismissal or mitigating penalties.
Remember, every case is unique with its own particular set of circumstances — no guarantee can ever be made regarding the likelihood of dismissal. Nevertheless, arming yourself with understanding and professional guidance will certainly put you on a more informed path towards resolving your DWI charges effectively.
Contact Husain Law to discuss your liability with an expert Houston Car Accident Attorney, Explosion Lawyer and Airlines Injury Lawyer.
FAQs
Can a Dwi Be Dismissed in Texas?
Dismissing a Dwi charge is possible in Texas, but under specific conditions. When a police officer makes an error while collecting evidence, it may be thrown out. That stops the government from using it against you in court.
How Long Does a Dwi Case Take in Texas
In Texas, The entire Dwi case can take three to six months. During this period, you can opt to plead guilty or seek trial. If you request for a trial, your case could delay for over four months to over one year.
What Does It Mean When a Dwi Case Is Dismissed
Dismissal of DWI cases means the charges have been removed. The incident won’t appear on the accused’s criminal history. It’s the best outcome an accused person can expect because it helps them to avoid punishment while keeping their criminal record clean.
What Happens if My Dwi Is Dismissed
A DWI dismissal is good for the defendant because they won’t be punished. But the negative effect on their criminal record may remain the same. Dropping the case isn’t an indication that the arrest goes away completely. Expunging the charges may require the accused to take additional legal steps.
