DWI charges can be unexpected and disruptive. You might not know how to approach an arrest for driving while under the influence in the Houston area, but don’t assume the worst. You have the right to defend yourself, and one of the best ways to avoid the worst of the consequences of a DWI arrest is to get the charges dismissed. That resolution is possible with the help of a skilled Houston DWI defense attorney like Attorney Ned Barnett.
Each DWI case is unique, which means getting your charges dismissed or reduced isn’t a sure thing. It will still take some work with an experienced drunk driving defense lawyer, but if you can get your charges dismissed, you can escape the worst consequences possible.
Call (713) 222-6767 to schedule your consultation.
What is Considered Driving While Intoxicated in Texas?
In Texas, driving while intoxicated is usually called DWI. Under state law, you can be arrested for DWI if you operate a motor vehicle in a public place while you are intoxicated. Intoxicated generally means one of two things:
- Your blood alcohol concentration (BAC) is .08 or higher, or
- You have lost the normal use of your mental or physical faculties because of alcohol, drugs, or a combination of substances.
The police and prosecutors do not have to prove that you were falling down drunk or that you caused a crash. They can rely on:
- A breath or blood test that shows a BAC at or above the legal limit
- Signs like slurred speech, balance problems, bloodshot eyes, or the odor of alcohol
- Your performance on field sobriety tests
- Video of your driving and interaction with the officer
You can also face DWI charges even if you were sitting in a parked car, as long as the state claims you were operating the vehicle. The legal standard is broad, which is one reason it is so important to have a Houston DWI defense lawyer who understands how to challenge the evidence and push for a dismissal.
Will I be Arrested for a First DWI?
Many people assume that, because it is their first time being stopped for drunk driving, they will get a warning and be sent home. Unfortunately, that is not how DWI cases are usually handled in Texas. If the officer believes there is probable cause that you are intoxicated, you can be arrested even if you have never been in trouble before.
In a typical first DWI, the officer will:
- Pull you over for a traffic violation or suspected impairment
- Observe you, ask questions, and possibly conduct field sobriety tests
- Ask for a breath or blood sample
- Decide whether there is enough evidence to arrest you
If the officer decides there is probable cause, you will likely be taken to jail, booked, and given notice that your driver’s license may be suspended. A first DWI is often charged as a misdemeanor, but the consequences can still include jail time, fines, a license suspension, and a permanent criminal record.
The good news is that an arrest is not the same thing as a conviction. Even if you were arrested for a first DWI, a Houston DWI attorney like Ned Barnett can work to get the charges reduced, dismissed, or resolved in a way that protects your future.
How do I Get Charges Dismissed after a DWI Arrest?
Every case is different, but there are several common strategies your lawyer may use to pursue a dismissal after a DWI arrest in Houston:
- Challenge the traffic stop: Your attorney can examine whether the officer had reasonable suspicion to pull you over. If there was no valid reason for the stop, the evidence collected afterward may be thrown out, which can lead to a dismissal.
- Attack field sobriety tests: Standardized field sobriety tests must be given and scored a certain way. If the officer rushed the instructions, ignored your medical issues, or performed the tests incorrectly, your lawyer can challenge their reliability.
- Question breath or blood test results: Breath and blood tests must be properly administered, stored, and analyzed. Problems with machine calibration, lab procedures, or the chain of custody can weaken the state’s case and support a dismissal. You can challenge the lab results if there are issues with the procedure.
- Expose constitutional violations: If the police searched your vehicle without legal justification, questioned you after you asked for a lawyer, or otherwise violated your rights, your attorney can file motions to suppress that evidence. When key evidence is excluded, prosecutors may have no choice but to dismiss.
- Use the ALR process to your advantage: The administrative license revocation (ALR) hearing is primarily about your driver’s license, but it also gives your attorney an early chance to question the officer under oath and uncover weaknesses in the case that can support a dismissal later.
- Negotiate a reduction when dismissal is not realistic: In some situations, the facts make a complete dismissal unlikely. Even then, your lawyer may be able to have the DWI reduced to a lesser charge, such as obstruction of a highway or reckless driving, which can significantly reduce the penalties and long-term impact on your record.
Challenges to Getting Charges Dismissed
As valuable as a dismissal can be, it is not available in every case. Several factors can make it more difficult to convince a prosecutor or judge to throw out DWI charges, including:
- Prior DWI convictions or a significant criminal history
- A very high BAC result, particularly well above the legal limit
- An accident involving injuries, a fatality, or serious property damage
- A child passenger in the vehicle at the time of the arrest
- Clear video evidence that appears to show impairment
- Statements you made that suggest you were drinking or using drugs
- Aggressive local policies that discourage dismissals in certain types of cases
These issues do not mean there is no hope. They simply make it more important to have a board-certified criminal defense lawyer who understands how prosecutors think and how to position your case. Even if a full dismissal is not possible, Attorney Ned Barnett can often negotiate for reduced charges, alternative sentencing, or other outcomes that are far better than simply pleading guilty as charged.
What Should I Do After a Drunk Driving Arrest?
The steps you take in the days and weeks after a DWI arrest in Houston can have a major impact on whether your case is dismissed, reduced, or leads to a conviction. To protect yourself:
Stay off social media
Do not post about your arrest, the traffic stop, or how much you had to drink. Prosecutors and police will look for anything they can use against you.
Write down what happened
As soon as you can, make notes about where you were going, what you drank, how much time passed, what the officer said, how the tests were given, and anything unusual you noticed. Small details can become powerful tools for your lawyer.
Protect your driver’s license
After a DWI arrest, you have a limited time to request a hearing to fight the administrative license suspension. If you miss that deadline, your license can be suspended automatically. A DWI attorney can file the request and represent you at the hearing.
Do not talk to the police or prosecutor on your own
You may be tempted to explain your side of the story, but those conversations are rarely helpful and can easily be used against you. Politely decline to answer questions and tell anyone who contacts you that you are represented by counsel.
Gather documents and information
Keep track of your citation, any paperwork about your court date, the temporary driving permit, and the notice about your license. Bring all of that to your consultation so your lawyer can quickly get up to speed.
Contact a Houston DWI lawyer as soon as possible
The earlier Attorney Ned Barnett can get involved, the more options you may have to seek a dismissal or reduction. He can start investigating the stop, requesting video, reviewing lab evidence, and filing the motions needed to challenge the state’s case.
Follow your lawyer’s advice
Your attorney may recommend counseling, alcohol education, or other proactive steps. These actions can show the prosecutor and judge that you are taking the situation seriously, which can make it easier to resolve your case favorably.
FAQs for DWI Dismissals & Arrests
Can my DWI be dismissed if I failed the breath test?
Failing a breath test does not automatically mean you will be convicted. Breath testing equipment must be properly maintained, calibrated, and used according to strict procedures. Medical conditions, mouth alcohol, and other issues can also affect the results. A skilled DWI lawyer can review the records, challenge the reliability of the test, and sometimes have those results excluded or given less weight. If the breath test is thrown out and the remaining evidence is weak, a dismissal may still be possible.
How long does a DWI case usually take in Houston?
There is no single timeline, but most DWI cases take several months to a year to resolve. During that time, your attorney will investigate the case, obtain and review police video, challenge the stop and tests when appropriate, and negotiate with the prosecutor. Rushing to plead guilty rarely helps. Taking the time to build a strong defense gives you a better chance at a dismissal or reduction.
What are the most common reasons prosecutors agree to dismiss a DWI?
Prosecutors are more likely to dismiss when the evidence against you is weak or problematic. Examples include an illegal traffic stop, serious mistakes in how field sobriety tests were given, unreliable breath or blood test results, missing video, or conflicting officer testimony. Sometimes a dismissal is also more realistic when you have no prior record, there was no accident or injury, and your attorney presents strong mitigation and legal arguments early in the case.
Will my license automatically be suspended after a DWI arrest?
A DWI arrest triggers a separate administrative process that can lead to a license suspension, but it is not automatic if you act quickly. You have a short window to request a hearing to contest the suspension. At that hearing, your lawyer can challenge the basis for the stop, the arrest, and any testing. Even if a suspension goes into effect, your attorney may be able to help you obtain an occupational license so you can drive to work, school, and essential appointments.
Do I still need a lawyer if I plan to plead guilty?
Yes. Even if you believe you want to plead guilty, it is important to have an experienced DWI attorney review your case. There may be defenses or procedural problems you do not recognize that could lead to a dismissal or reduction. If a plea is still the best option, your lawyer can negotiate for a more favorable outcome, help you avoid unnecessary consequences, and guide you through the process so you understand every part of what you are agreeing to.
What is the difference between a dismissal and deferred adjudication?
A dismissal means the DWI charge is dropped and you are not convicted of that offense. Deferred adjudication is a type of probation in which you plead guilty or no contest, complete certain conditions, and avoid a formal conviction if you are successful. However, Texas law is very limited when it comes to deferred adjudication for DWI offenses. An attorney can explain whether any alternatives are realistic in your situation and why a true dismissal is usually the most protective outcome.
Can a dismissed DWI still show up on my record?
A dismissed DWI can still appear in background checks unless you take additional steps to deal with the record of the arrest and charge. Depending on the circumstances, you may be eligible to ask the court to seal or expunge certain records so employers, landlords, and others cannot easily see what happened. Because these rules are technical, it is wise to talk with a DWI lawyer about cleaning up your record once your case has been successfully resolved.
Why Should I push for a dismissal of my drunk driving charge?
If you’ve been charged with driving while under the influence, you will face more consequences than just the criminal penalties. You face social stigma, license suspension, and higher insurance rates. A dismissal cleans your slate and protects your future.
Call a Houston DWI Defense Attorney Now
If you are facing a DWI charge and you aren’t sure what your next steps should be, you need to find an attorney with the experience to protect your rights and your freedom. Attorney Ned Barnett has more than 20 years of legal experience. As a board-certified criminal lawyer, he has made it his mission to stay up to date on DWI issues, giving his clients a greater chance at reducing or dismissing their drunk driving charges.
It is possible to get your charges dismissed, but you need to act quickly after an arrest to get the best possible results. Call (713) 222-6767 or contact us online to schedule your free consultation.