How to Win a DWI Case in Texas?

Winning a DWI (driving while intoxicated) case in Texas isn’t easy. First, you’ll need to protect your rights, such as your right to a jury trial. Next, you’ll need to find evidence to support your case. Finally, you’ll have to dispute the state’s evidence against you. All these steps take knowledge of the law, experience with the state’s experts, resourcefulness, and understanding Texas’s rules of evidence and admissibility.

You will want those qualities in a DWI defense attorney. Instead, your attorney will fight for the best possible outcome on your behalf.

How Do You Beat a DWI in Texas?

One of the first things you should do to beat your DWI charge or get a favorable outcome is to hire an experienced DWI lawyer. For example, our DWI attorney has years of experience handling these cases, is an ACS-CHAL Forensic Lawyer-Scientist, and our criminal defense team understands Texas DWI law and criminal procedure thoroughly, so we understand precisely how to fight for you.

Your attorney will protect your rights, expose the truth about junk evidence used by the state, present the supporting evidence, and dispute the evidence against you in court.

Protecting Your Rights in a DWI Case

Your rights are where a lot of DWI cases get won. You didn’t have to do field sobriety tests. You could refuse a breath test, though refusing costs you your license for 180 days on a first refusal (Transportation Code § 724.035) and police can still get a warrant for your blood. You had the right to stay quiet. And under Article 38.23 of the Code of Criminal Procedure, evidence police got by breaking the law gets kept from the jury.

Presenting Supporting Evidence in Your DWI Case

There could be numerous sources of evidence in your case. For instance, the arresting officer’s body or dash camera may contain footage showing how they conducted tests wrong. Another example includes a bystander’s cellphone recording or a business’s security camera footage showing the improper administration of your field sobriety test.

Another potential source of evidence is an eyewitness, like a friend or family member, who can support your claim that you were not intoxicated when the police pulled you over.

Disputing the State’s Evidence in Your DWI Case

In many Texas DWI cases, the state will often present the results of a breathalyzer, blood, or urine test as evidence. However, the officer, nurse, or evidence tech may not have performed or handled your test properly in your case. Therefore, your lawyer will investigate their actions and argue that the evidence is inadmissible if they find an issue.

Your lawyer will also check whether the officer correctly conducted your standardized field sobriety tests. Since the results of this test are subjective, and it is often conducted in poor weather or lighting conditions, your lawyer could dispute the test results.

Finally, your lawyer can challenge the arresting officer’s statement or a witness’s testimony during cross-examination.

How hard is it to beat a DWI in Texas?

Harder than a speeding ticket, easier than the police report makes it sound. Most DWI arrests rest on an officer’s judgment calls and a breath or blood number, and the video often doesn’t match what the officer wrote. These are the places we look first:

• The stop. The officer needed reasonable suspicion of a traffic violation or a crime to pull you over. If he didn’t have it, we file a motion to suppress, and everything that came after the stop can be thrown out under Article 38.23 of the Code of Criminal Procedure.
• Operating the vehicle. The State has to prove you were operating the car. If you were parked and sleeping it off, that’s a real fight.
• Your statements. If you were in custody and questioned without the required warnings, what you said can be kept from the jury.
• The breath or blood number. A test taken an hour or two after driving doesn’t tell anyone what your alcohol concentration was behind the wheel. Breath machines need maintenance, and blood samples get mishandled.

Can a Court Dismiss a DWI Charge in Texas?

Courts regularly dismiss DWIs in Texas on a motion by the DA. However, they aren’t dismissed casually. However, a criminal defense lawyer from our firm can push the state to dismiss your charges entirely. Your attorney’s best course of action could be to dispute the evidence against you and get it dismissed.

Can a Prosecutor Reduce a DWI Charge in Texas?

Even if there’s sufficient evidence against you, in some counties your lawyer could still fight for a reduction in your charges. For instance, your lawyer could ask the prosecuting attorney to reduce the charge from a Class A misdemeanor to a Class B misdemeanor. If the prosecutor agrees to reduce your charges in a plea bargain, it will also lessen the penalties you face. 

About Our DWI Legal Team in Texas

Criminal defense attorney Jay Cohen understands Texas DWI law and is trained in forensic chromatography. He has assembled a legal team that knows how Texas courts function and how the state collects and presents evidence. Thus, our team can pick this evidence apart and push back against any unfair treatment you may get from the court.

Look at our track record before you hire anyone. In addition, you can be sure your attorney will do everything in their power to get your charges dismissed or reduced so you can return to your everyday life.

Prior results do not guarantee a similar outcome.

Consult With Blass Law About How to Win a DWI Case in Texas

During a consultation with a member of our team, we’ll discuss what our legal team can do about your or your loved one’s Texas DWI case. We’ll help you understand the evidence the state may have and how we’ll challenge it. In addition, we’ll give you a better idea of what you can expect during and after your case. Contact Blass Law today to learn more.

Charged with this in Houston, or worried you’re about to be? Call (713) 664-4000 or fill out the form on this page for a free, confidential consultation. We’ll tell you where your case stands and what we’d do first.