How DWI Cases Are Dismissed in Texas

Driving under the influence is a major problem across the country and there has been a major push during the past few years for police officers and law enforcement agencies to step up their enforcement of DWI.

In Texas,  you can be charged with a DWI if your blood alcohol concentration (BAC) is greater than 0.08.  While it is important for this law to be enforced, individuals can also have their rights violated by overzealous police officers. This could lead to innocent people being charged with a DWI. This is a serious charge that has the potential to upend someone’s personal and professional life.

Due to the complexities of Texas law, specifically DWI law, it is important to understand how the law works, and why cases are dismissed in court.  The most common examples are as follows.

An Invalid Stop Conducted by a Police Officer

In order for someone to be charged with a DWI, they first need to be pulled over. If a police officer pulls you over, the officer needs to have a reasonable suspicion to stop the driver.  They should be able to explain why he or she conducted a traffic stop in the first place. If they do not have a valid reason, it is important to have an attorney that can take a look at the case and argue for a dismissal.

A Poorly Administered Field Sobriety Test

These tests are voluntary, and they are designed to support the case of the state at trial. Some of the tests that might be used include a gaze test, a walk and turn, and even the alphabet test. These tests need to be administered in an appropriate manner. If the tests are not administered properly, their validity is reduced and this could lead to the case being dismissed.

An Improper Breath Test

This tool is designed to test someone’s BAC based on their breath. This test is only as accurate as the results the machine can deliver. Sometimes, the officer has not calibrated the machine recently or per standards. This means that the results coming from the machine can be argued in court. This could lead to a case being dismissed.

A Strong DUI Defense is a Must

If you were arrested for a DWI recently, you should hire an attorney immediately. Make sure they will dig through the evidence, police repots, and understand the law.  Avoid attorneys that do not intend to fight or will simply walk you through the court process and accept the first deal the prosecutors office hands out.

You want someone that will fight, ensuring they help you avoid a conviction.