Can I Have a DWI Dismissed in Texas?

man with hands cuffed behind back

Unfortunately, driving while intoxicated (DWI) is one of the most common crimes in Texas. As a result, officers are familiar with recognizing the signs of impairment to charge a driver with this offense. Though it may not seem serious, a DWI can carry heavy consequences for the offender. As such, understanding how Houston DWI defense attorneys can help fight to have your DWI dismissed is essential. Keep reading to learn more about these charges and what you can do to assist in your defense.

What Are the Penalties for a DWI?

In Texas, a DWI is charged to those with a Blood Alcohol Concentration (BAC) of 0.08% or higher. However, if you have a BAC of less than 0.08%, but the officer determines the alcohol in your system has impaired your ability to drive, you can also face charges.

If charged with a BAC for the first time in Texas, you will either face a Class B misdemeanor or a Class A misdemeanor if your BAC is 0.15% or higher. As such, you can expect the following penalties:

  • A minimum of 72 hours in jail
  • A minimum of six days in jail if the driver has an open container while driving under the influence
  • The potential for up to one year in prison
  • A fine of $2,000 or $4,000
  • A license suspension for 90 days
  • Fines and fees
  • The installation of an ignition interlock device in your vehicle.

It’s important to understand that with each DWI charge you receive, the penalties will increase in severity. Additionally, if there is a minor in the vehicle, you damage property, or there are any other aggravating factors present, you will receive stricter punishments.

How Can I Get a DWI Dismissed?

If charged with a DWI, you may think there’s no use fighting the offense. However, you may be able to have the charges against you dismissed with the assistance of an experienced DWI defense attorney.

Your attorney will examine the circumstances surrounding your arrest to determine the best course of action. For example, after reviewing your case, your attorney may be able to show that the police officer who pulled you over violated your Constitutional rights by having no reasonable cause. If you did not break any laws or show signs of impairment while driving, this can be a violation of your rights.

Additionally, your lawyer may be able to show the officer administering the breathalyzer device used to measure your BAC levels did not administer the test correctly or that the device itself was defective. Both of these can influence the outcome of the test.

At the Gonzalez Law Group, we understand how a DWI can impact your life. That’s why our criminal defense team is dedicated to doing everything possible to assist you through these challenging times. Connect with us today to learn how we can assist if you’re facing criminal charges.