Can a DWI Get Dismissed?

In 2021, 89,457 Driving While Intoxicated charges were reported in Texas. Only 1,824 of those charges were dismissed—that’s two percent. While that number can be discouraging if you’ve been arrested for drunk driving, know that only nine percent of DWI suspects end up actually being convicted for the original DWI charge (8,044). The majority of cases (about 86%) are plea-bargained out for a lesser charge. Of the remaining 14% who went to trial (12,400 people), about 15% of those charges were dismissed. By more than double, the most common result of going to trial for a DWI is to be convicted of the DWI (8,044 convicted of the original charge and 3,834 convicted of a lesser charge). 

So, yes, a DWI in Texas can be dismissed, but it’s not statistically likely. If you combine the people who have their charges dropped, get convicted of lesser crimes, or get acquitted at trial, those numbers are a bit more substantial. In most cases, your best bet is to hire an experienced DWI defense attorney who can hammer out the best possible plea bargain for you.

Reasons for DWI Dismissal

Hopefully, the above research helps you figure out how you’d like to handle your DWI charge. Knowing how a DWI charge can be dismissed can also be helpful. The more you understand about the process, the better decisions you can make. Again, your attorney can share his or her experience and guide you. Here are common reasons that DWI charges get dismissed:

• Your attorney can show that the police did not have probable cause to conduct a breathalyzer, field sobriety tests, or the vehicle search that led to your arrest
• Your attorney gets some of the evidence against you thrown out
• Your attorney can present evidence showing that the blood-alcohol content data from the prosecution was faulty (poorly calibrated breathalyzer device, false positive results based on a medical condition, or food/medicine consumed)
• Your attorney can show the police did not have reasonable suspicion to pull you over in the first place

There are other grounds for having a Texas DWI charge dismissed, but these are the ones we see most often.

Plea Bargaining a DWI Charge in Texas

Driving While Intoxicated, according to breathalyzer manufacturer BACtrack, is the most common crime in the United States. Assuming you were indeed under the influence and that the police followed the legal requirements, your Austin criminal defense lawyer will no doubt recommend that you ask the district attorney for a plea bargain. A plea bargain typically involves you pleading guilty or no contest without a trial in exchange for a less severe penalty. Agreeing to a plea bargain does not mean by any stretch of the imagination that you get off with a slap on the wrist.

Under the best circumstances, a DWI plea bargain agreement would involve a prosecutor reducing your charge to Reckless Driving, Public Intoxication, or even Obstruction of a Highway. You might be able to swing a deal like this, which helps you avoid jail time and a suspended driver’s license, if:

• If you have been cooperative throughout the process
• If this is your first DWI arrest
• If you don’t have a criminal record
• If there were no collisions, injuries, or property damage involved in your arrest
• If your blood-alcohol level is right on the line of being too intoxicated to legally drive (the closer to 0.08%, the better)

If you don’t have any of these bargaining chips on your side, you will most likely need to plead guilty to the DWI charge for the prosecutor to agree to a plea bargain. Unless there are aggravating circumstances, a one-time DWI conviction is a class B misdemeanor in Texas. A class B misdemeanor is punishable by a minimum jail sentence of three days and a three-month driver’s license suspension. With a plea bargain, the prosecutor may offer you probation instead.

The disadvantages of plea bargaining are that:

• You can not present a defense
• You give up your right to a jury trial
• You are, de facto, agreeing with all the elements of the police report
• You lose your right to appeal the decision

Reach Out to an Experienced Austin DWI Defense Attorney! 

The Law Office is David D. White, PLLC: Austin Criminal Lawyer can help you fight a DWI charge. Our Austin DWI defense attorneys have indeed gotten DWI cases dismissed. We are available around the clock to help the thousands of Texans arrested on DWI charges every year. Schedule a no-cost consultation with one of our lawyers today!