If you’re facing DUI or DWI charges in Texas, whether or not you feel you were charged rightfully, you’re probably wondering if there’s anything you can do to fight the charges and prevent a permanent criminal record. The answer is yes, there is something you can do — but you shouldn’t do it alone.
Keep reading to learn more about how you can fight for a DWI dismissal in Texas with help from a San Antonio DWI attorney.
What Is a Texas DWI?
Under Texas DWI laws, a DWI is generally brought against those accused of driving while intoxicated above the legal limit for blood alcohol concentration, or those accused of driving while their mental or physical faculties are impaired due to substance use, including alcohol. The legal limit for blood alcohol content while driving in Texas is 0.08%, which certain drivers may reach in as little as two drinks.
Typically, a first offense is brought as a Class B misdemeanor, with repeat offenses leading to higher charges. Felony DWI charges may be brought for the third offense or subsequent offenses, as laid out by the Texas Penal Code.
How to Get a Texas DWI Charge Dismissed
If you’ve been charged with a DWI in Texas, there are tactics you can use to avoid a permanent criminal conviction and stain on your criminal record. You can follow the steps below to start the legal process for building your DWI defense.
1. Talk to a DWI Attorney About Your Criminal Case
The first step to fight a DWI offense in Texas is to talk to a criminal defense attorney. A criminal defense or DWI attorney can help you determine the right path forward to reduce your charges or limit sentencing. No matter what the circumstances of your case may be, an experienced attorney can help you find opportunities to improve the outcome of your case. This might include planning your defense, getting evidence, and arguing in court. You may be able to get your charges dropped entirely with help from a DWI lawyer in San Antonio.
2. Challenge the Stop
The first tactic you might use to fight DWI charges in Texas is to disprove that the police officer involved had probable cause to pull you over and conduct a DWI arrest. In order to justify a traffic stop, a law enforcement officer must have reasonable suspicion that you are in violation of the law. That means there needs to be visible evidence that a law is being broken. In the case of DWI traffic stops, that often includes reckless driving and behavior.
In addition to having probable cause for a stop, the officer also has to limit the amount of time they spend with you to the amount of time that it would take them to write a ticket for your suspected illegal behavior. The officer will also need a warrant to conduct any blood tests.
Improper behavior on the part of the officer at any point during your traffic stop could be grounds to fight your Texas DWI conviction. A DWI attorney can help you determine if any mistakes were made.
3. Challenge the Sobriety Test
Finally, if you can’t prove that the officer was wrong to pull you over in the first place, you will need to challenge the methods they used to prove that you were under the influence. That typically means arguing against a field sobriety test, breath, or blood test. These tests often consist of a series of physical challenges, like walking in a straight line, as well as a breathalyzer test. While these tests can exonerate innocent drivers, they can also be subject to false positives.
It may be in your best interest not to submit to a field sobriety test, but this can also put your license in jeopardy if your arrest moves forward anyway.
4. Consider a Plea Deal
Depending on the circumstances of your case, a plea bargain or pre-trial diversion program may be your best option for avoiding a DWI conviction. Through a plea deal, you may be able to get your charges or legal penalties reduced, such as reducing the length of your driver’s license suspension. While pleading guilty to get a better sentence may not result in getting your DWI case dismissed, it may help you avoid jail time or other penalties.
Get Help Fighting DWI Charges in Texas From a DWI Lawyer in San Antonio
Under Texas law, DWI charges can bring with them considerable penalties and a criminal history, so if you were charged with a DWI in Texas, you should consider reaching out to a DWI lawyer in San Antonio for help reducing your charges or limiting your sentence. A DWI attorney may be able to help you get your charges fully dismissed or reduce the legal consequences of your charges.
If you’re facing a DWI charge in Texas, reach out to experienced San Antonio DWI lawyer John G. Perez for help defending your rights.