How to Get a DWI Dismissed in Texas

August 26, 2025

Facing a DWI charge in Texas can be daunting, but dismissal is possible with the right approach. Here’s a quick breakdown of what you need to know:

• Dismissal Factors: Charges may be dropped due to insufficient evidence, procedural errors, or violations of your rights.
• Key Defenses: Challenge the legality of the traffic stop, accuracy of chemical tests, or police conduct during the arrest.
• Pretrial Motions: Filing motions to suppress evidence or dismiss charges can weaken the prosecution’s case.
• Diversion Programs: First-time offenders may qualify for pretrial diversion, leading to dismissal after completing specific requirements.
• Legal Representation: Hiring an experienced DWI attorney significantly improves your chances of dismissal.

Act quickly—request an Administrative License Revocation hearing within 15 days of your arrest to protect your driving privileges. A strong defense starts with understanding your rights and working with a skilled attorney.

Texas DWI Laws and Penalties

Texas takes driving while intoxicated (DWI) seriously, with strict laws defining intoxication and tough penalties for offenders. These laws also reveal potential weaknesses that can be critical in building a defense.

What Counts as DWI in Texas

In Texas, it’s illegal to drive in a public place while intoxicated. A driver is considered intoxicated if their mental or physical faculties are impaired by alcohol, drugs, or a combination of substances—or if their blood alcohol concentration (BAC) is 0.08% or higher. However, even with a BAC below 0.08%, evidence of impairment can still lead to a DWI charge.

For drivers under the age of 21, the state enforces a zero-tolerance policy. This means that any detectable amount of alcohol in their system can result in charges. Authorities rely on blood tests, breath tests, and field sobriety tests to gather evidence. However, passing these tests doesn’t guarantee immunity from arrest. These clear definitions set the stage for understanding the penalties that come with a DWI conviction in Texas.

DWI Conviction Penalties

Texas imposes increasingly severe penalties for DWI offenses, including fines, jail time, license suspensions, and other long-term consequences.

For first-time offenders, a DWI is typically charged as a Class B misdemeanor. This can result in fines of up to $2,000 and jail time ranging from 72 hours to 180 days. If the offender’s BAC is 0.15% or higher, the charge is elevated to a Class A misdemeanor, carrying fines of up to $4,000 and up to one year in county jail.

A second DWI offense is classified as a Class A misdemeanor, with fines up to $4,000 and mandatory jail time of 30 days to one year. A third DWI offense becomes a third-degree felony, punishable by fines up to $10,000 and prison sentences ranging from 2 to 10 years. Here’s a quick breakdown of penalties:

Certain situations can lead to even harsher penalties. For example, driving while intoxicated with a child passenger under 15 years old is classified as a state jail felony. This carries fines up to $10,000 and jail time ranging from 6 months to 2 years. Other serious offenses, such as intoxication assault (causing serious injury) and intoxication manslaughter, come with severe consequences as well.

Additionally, there’s a $125 license reinstatement fee after an Administrative License Revocation. When you add up fines, fees, and skyrocketing insurance premiums, a first-time DWI can cost more than $15,000.

The long-term consequences go beyond financial strain. A DWI conviction results in a permanent criminal record, which can affect job opportunities, professional licenses, and housing applications. Insurance rates often spike, and some policies may even be canceled. Many offenders are also required to install an Ignition Interlock Device (IID), which adds ongoing costs and inconvenience.

These penalties make it clear why it’s essential to explore every possible defense when facing a DWI charge in Texas. A strong legal strategy can make a significant difference in the outcome.

Common Legal Defenses for DWI Charges

Defending against a DWI charge often involves a detailed review of the entire process—from the initial traffic stop to the final test results. By identifying procedural mistakes, constitutional violations, or technical errors, it’s possible to reduce charges or even have the case dismissed. One key area of focus is questioning whether the initial traffic stop was justified.

No Probable Cause for Traffic Stop

The Fourth Amendment protects individuals from unlawful searches and seizures. For a traffic stop to be legal, officers must have reasonable suspicion, which is based on specific and observable facts. Examples include actions like swerving between lanes, running a red light, speeding, or driving without headlights. However, if an officer pulls someone over for reasons like simply leaving a bar or driving slowly without additional cause, the stop may not meet legal standards.

To challenge the validity of a traffic stop, attorneys often review the officer’s report, dash cam footage, and witness accounts. If it’s shown that the officer lacked reasonable suspicion, any evidence gathered during the stop—such as breathalyzer results, field sobriety tests, or statements—can be excluded. Without clear probable cause, the prosecution’s case can weaken significantly.

Problems with Chemical Test Results

Breathalyzer and blood tests are central to many DWI cases, but they’re not infallible. Breathalyzers, for instance, need regular calibration and maintenance to stay accurate. Certain medical conditions, medications, or even recent dental procedures can also interfere with results. Blood tests, while more precise, are still vulnerable to issues like improper sample collection, storage errors, or mistakes during lab analysis.

In Texas, strict protocols govern BAC testing. If these procedures aren’t followed—such as failing to inform the driver of the consequences of refusing a test—the results may be excluded from evidence. Even errors in how evidence is handled can cast doubt on the prosecution’s case. These procedural flaws often become a critical part of the defense strategy.

Police Mistakes and Rights Violations

Law enforcement officers are required to follow specific protocols during DWI investigations. When they fail to do so, it can weaken the case against the accused. For example, if officers don’t issue Miranda warnings during a custodial interrogation, any statements made without legal counsel might be inadmissible. Similarly, field sobriety tests are notoriously unreliable, with studies showing their accuracy ranges from just 60% to 70% under ideal conditions. These tests can be even less reliable for individuals with physical disabilities, those who are overweight, or older adults.

Evidence obtained through unlawful searches—such as those conducted without proper consent, a warrant, or probable cause—can also be challenged. Mistakes in police paperwork or inconsistencies between an officer’s report and testimony may further undermine the prosecution’s case.

A successful defense often hinges on a comprehensive review of the investigation. An experienced DWI attorney will examine police reports, surveillance footage, witness statements, and test results to identify any errors or violations. These missteps frequently serve as the foundation for pretrial motions to suppress evidence, which can significantly weaken the prosecution’s position.

Pretrial Motions and Diversion Programs

When defending against a DWI charge, identifying weaknesses in the prosecution’s case can open the door to pretrial strategies that challenge critical evidence. These efforts can lead to dismissed charges or reduced penalties.

Motions to Dismiss or Suppress Evidence

Pretrial motions are a powerful way to prevent inadmissible evidence from being used in court. For instance, a motion to suppress invokes the exclusionary rule, which bars evidence obtained unlawfully. If successful, such motions can result in key evidence being thrown out—and in some cases, the entire case dismissed.

In Texas, the exclusionary rule is backed by Article 38.23 of the Texas Code of Criminal Procedure. This law ensures that evidence obtained in violation of state or federal laws cannot be used in court. If law enforcement overstepped during your arrest or investigation, the evidence they gathered could be excluded.

Here are a few examples of how this works:

• Bad Stop Results in Dismissal: A driver was pulled over for weaving within their lane and driving slowly. The defense argued there was no reasonable suspicion for the stop—since neither action is a traffic violation—and successfully suppressed all evidence from the stop.
• Bad Search Leads to Evidence Suppression: In another case, a driver stopped for a traffic violation was searched without consent. When marijuana was found, the defense argued the search was unlawful without a warrant, leading to evidence suppression.
• Bad Warrant Excludes Blood Test: After a driver refused a breath test, an officer obtained a warrant for a blood draw. However, the warrant failed to include crucial details, such as the time of driving. The court ruled the warrant insufficient, and the blood test results were excluded.

While suppression motions are a critical tool, pretrial diversion programs offer an alternative path for eligible individuals to avoid conviction altogether.

Pretrial Diversion and Deferred Prosecution

For first-time DWI offenders in Texas, pretrial diversion programs can offer a path to avoid prosecution while focusing on rehabilitation. Successfully completing one of these programs often leads to dismissed charges and the opportunity for expungement. These programs emphasize treatment and accountability over punishment.

Pretrial diversion availability and requirements vary by county. Many Texas counties offer them for certain DWI cases, with programs typically lasting 12 to 18 months. For example, Travis County runs a 12-month program that allows for early discharge after six months in some cases.

To qualify, applicants usually need to:

• Have no prior arrests or criminal history
• Hold a valid driver’s license
• Be employed full-time or enrolled in school
• Agree to supervised treatment and testing
• Pay any required fees (though some counties, like Travis, waive program fees except for a $55 Driver’s Risk Inventory assessment)
  

Common requirements include:

• DWI education and/or alcohol treatment programs
• Random drug and alcohol testing
• Community service hours
• Personal or group counseling
• Ignition Interlock Device installation
• Court-imposed curfews and probation officer check-ins
  

Counties may impose additional restrictions. For example, Travis County excludes cases involving severe crashes, emergency responders, or a BAC over 0.20.

Important Note: While pretrial diversion is available in some DWI cases, Texas law generally prohibits deferred adjudication for DWI offenses under Penal Code § 49.04. This means that a standard deferred adjudication—where a guilty plea is entered but not finalized—is not an option in most DWI cases unless charges are reduced to a lesser offense.

Pretrial diversion programs do not require a guilty plea, making them particularly appealing to eligible first-time offenders. However, entry into a program is not automatic. The application process can take weeks or months, so early action is critical. And because every program is different, experienced legal representation is essential to ensure all deadlines are met and requirements are clearly understood.

When combined with strong pretrial motions and a strategic legal defense, pretrial diversion can be a key tool in avoiding a DWI conviction and protecting your future.

Why You Need a Texas DWI Attorney

Facing a DWI charge in Texas is no small matter. The state’s DWI laws are not only complex, but the consequences can also be severe and long-lasting. Without proper legal representation, navigating these challenges can feel overwhelming. As mentioned earlier, a strong defense depends on technical expertise and quick action. To handle the intricate legal procedures and build a solid case, you need an attorney who specializes in Texas DWI law.

Benefits of Working with a DWI Specialist

Hiring an experienced DWI attorney can make a significant difference. Statistics show that specialized DWI lawyers in Texas achieve dismissal rates two to three times higher than general practice attorneys or public defenders. This expertise ensures they know how to challenge evidence, verify that it was lawfully obtained, and identify weaknesses in the prosecution’s case.

Another advantage of working with a local DWI attorney is their established connections with judges, prosecutors, and court staff. These relationships can be valuable during negotiations. Furthermore, they are familiar with critical deadlines, like the 15-day window to request a hearing to prevent automatic license suspension. Beyond avoiding a conviction, a DWI specialist can help minimize additional consequences, such as mandatory ignition interlock devices, damage to your reputation, or the risk of a permanent criminal record.

How The Napier Law Firm Can Help

The Napier Law Firm stands out as a trusted ally for those facing DWI charges in Texas. Founded by George Napier, the firm is known for its commitment to protecting clients’ rights through 24/7 availability, free consultations, and aggressive defense strategies. Whether the goal is dismissal, charge reduction, or minimizing penalties, their approach is tailored to your specific needs.

The firm’s in-depth knowledge of Texas DWI laws and local court procedures allows them to act quickly, meeting tight deadlines and challenging evidence from the start. This proactive approach can significantly impact the outcome of your case, especially when considering that DWI dismissal rates range from 6.17% to 34% (Travis County), depending on the charge and plea type.

In addition to defending against the charges, The Napier Law Firm helps clients secure occupational driver’s licenses. This ensures you can maintain your driving privileges for work, school, or essential activities while your case is being resolved. Their goal is to guide you through this challenging time with practical solutions and a strong defense.

Tips for Handling Your DWI Case

If you’re facing a DWI charge, there are some practical steps you can take to protect your rights and build a stronger defense.

Collect and Save Evidence

Act quickly after your arrest to gather and preserve any evidence that could support your case. Write down everything you remember about the traffic stop and arrest as soon as possible. Include details about the officer’s actions, the questions they asked, any field sobriety tests they conducted, and any unusual circumstances that stood out.

If possible, secure footage from dashcams, nearby surveillance cameras, or even bystanders who might have recorded the incident. For instance, in one case, video evidence showed a driver who appeared sober despite a high blood alcohol level, casting doubt on the arrest’s validity. Also, gather contact information for any witnesses who may have observed the stop or your behavior.

Keep all documents related to your case, such as your citation, booking paperwork, and any medical records that might be relevant. If you were at a bar or restaurant before the arrest, save receipts to help establish a timeline of your alcohol consumption.

Only Talk to Your Attorney About the Case

Limit discussions about your case to your attorney. This ensures that your communications remain protected under attorney-client privilege. Avoid sharing details with anyone else, as this could unintentionally harm your defense.

Know What to Expect in Court

Understanding the court process can help you navigate your case more effectively. In Texas, DWI cases often involve several court appearances. Your first is likely an arraignment, where you will usually enter a not guilty plea. This step preserves your right to challenge the evidence and negotiate with prosecutors.

Pretrial hearings play a critical role. These are opportunities for your attorney to file motions, such as suppressing evidence or questioning the legality of the traffic stop. During these hearings, follow your attorney’s advice, remain calm, and adhere to court protocols.

Be mindful of strict deadlines. For example, you have just 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to contest a driver’s license suspension. Staying organized—keeping court documents, attorney correspondence, and important dates in one place—can help you meet these deadlines.

Finally, be prepared for a lengthy process. DWI cases can take months to resolve, so trust your attorney’s strategy and remain patient throughout.