Many assume an arrest for driving while intoxicated in Texas automatically leads to a conviction. However, many defendants convince the court to reduce or dismiss the charges.
Understanding one’s options could help a person find a strategy for fighting a DWI.
Recent numbers on DWI dismissals
Texas reported nearly 83,000 DWI charges in 2022. However, 1,771 of those cases resulted in release with no charges.
The numbers from 2021 are more encouraging for defendants. That year, the state dropped charges in over 3,500 instances out of 90,000 reported cases. During 2021 and 2022, another 11,000 people received dismissals.
Ideas for obtaining a DWI dismissal
A DWI case is only another day in court for the officer, judge and prosecution. These professionals likely have a routine and want to move cases along quickly to finish a day’s work.
In contrast, a defendant usually lacks experience in these situations. An individual usually must do substantial research to determine the optimal defense while meeting court deadlines.
One point to remember is that a defendant has the right to challenge the evidence. This argument could lead a judge to suppress these details, preventing the state from using them.
The defendant can also challenge the reason for the stop or question the results of the field sobriety test and its method of administration. Doubts about these events might lead to a dismissal.
Even when a defendant cannot persuade the court to dismiss a DWI charge, the individual may convince the judge to lower the charge. No matter the circumstances, a person often has options for fighting a DWI.