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 legally, the officer must have reasonable suspicion to make the stop. 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 cause, there is a case for possible dismissal. This is one of many reasons why a DWI lawyer is important, they understand the laws regarding DWI arrests.

A Poorly Administered Field Sobriety Test

These are voluntary tests, and designed to support the states case if it goes to trial. There are different types of tests ranging from gaze test, a walk and turn, and an alphabet test.

There are specific factors taken into consideration if they are to be used as evidence in court. If there are any mistakes made on the officers part during these tests, their validity as evidence will be reduced. This can be cause to have the evidence thrown out, and a DWI charge dismissed.

An Improper Breath Test

A breath test designed to test a drivers BAC by breathing into a device.  This test is only as accurate as the results a machine is capable of delivering. It must be calibrated and in good working order.  Some examples of errors are when an 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 Defense 

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.