When Is It Possible to Get a DWI Dismissed?

 Posted on November 23, 2021 in DWI

A dismissal is the “dream outcome” for the defendant in any criminal case. If your DWI charge is dismissed, you will have no criminal record and are free to move on with your life almost as if the whole thing never happened. Getting a DWI dismissed is difficult, but possible in some cases. Certain defects in the prosecution’s case open the door for a skilled DWI lawyer to argue for dismissal. If you are facing DWI charges in Texas, it is important that you take the matter very seriously and consult with a qualified criminal defense lawyer to begin building your best defense.

What Are Some Reasons DWI Charges May Get Dismissed?

Every state actor, from the police to the prosecutor has certain rules they must follow in order to successfully bring a case. Problems can arise at almost any stage in a criminal case that could defeat the prosecution and lead to a dismissal. If any of these apply to your situation, you should speak to an attorney to find out if your case could be dismissed:

• BAC test error - There are procedures police departments must follow to keep their testing equipment stored and maintained properly and correctly calibrated. Tests must also be correctly administered by a trained professional. Defects in the testing can lead to dismissals for lack of evidence.
• Illegal stop - The officer who initially pulled you over must have had reasonable suspicion that you were breaking the law to do so.
• Rights violations - Other rights violations during the course of the stop, arrest, and any subsequent custodial interrogation could also lead to the case being dismissed.
• Plea Bargaining - Although it is unfortunate, taking a plea bargain and agreeing to restitution or court-supervised release of some type can eventually lead to a dismissal of charges after certain conditions are met.

Even if your case cannot be dismissed, you may still be able to have the charges reduced, especially if you have no or a very minor criminal record. Going to trial under the counsel of a skilled lawyer can sometimes give you a strong chance of an acquittal, which also keeps your record clean. The important thing is that you work with a qualified attorney and follow his advice.

Call a Collin County DWI Defense Lawyer

If you are facing DWI charges in Texas, the Law Offices of Biederman & Burleson, P.L.L.C. may be able to make the case for your charge to be dismissed under certain circumstances. Our experienced Prosper DWI defense lawyers have secured hundreds of dismissals, acquittals, and charge reductions. Call us at 469-333-3333 to schedule a free consultation.

Source:

https://www.dps.texas.gov/CrimeLaboratory/documents/BATOperatorManualRvsd.pdf