Can a DWI be Dismissed in Texas?
Many Texans want to know if you can successfully defend against a DWI charge.
The answer is, you can, but probably not without hiring a DUI attorney.
Chances of Dismissal
First and foremost, you need to hire an experienced, qualified DWI attorney as early as possible in your case.
An attorney can examine the facts surrounding your case and your arrest.
An attorney that specializes in defending against DWI charges can readily discern the weak points in the State’s case and begin planning how to mount a strong defense.
Your attorney can also help you request, and subsequently defend you at, an “ALR Hearing.” When you are charged with a DWI, you often face two cases.
The first is a case brought by the State of Texas against you in criminal court for a DWI charge. Almost everyone is aware of this case. However, the second case is not a criminal case at all, but an administrative case.
Posted from the YouTube channel of Dan Lazarine, without permission, all rights reserved. For more information visit his article: “DUI Laywer Houston Cost & Fees,” 2017 Daniel Lazarine et. al.
Often times your license will automatically be suspended when you are charged with a DWI. To prevent the suspension, you have to request an Administrative License Hearing (“ALR”).
Because there is a short window in which to request this hearing, you should contact and engage a seasoned DWI attorney as early as possible.
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An experienced DWI attorney has often dealt with a slew of different DWI fact scenarios and cases. He or she understands the in’s and out’s of both the law and the science surrounding a DWI charge.
Your attorney can investigate the particular circumstances of your case and determine what part of the State’s case can be readily undermined.
There are a whole host of potential errors law enforcement and the State make on a regular basis that your attorney can hone in to help you beat your charge.
- Law enforcement did not have the constitutionally necessary “reasonable suspicion” to pull you over in the first place;
- Law enforcement did not have the constitutionally necessary “probable cause” to arrest you;
- Law enforcement did not follow the legally required protocol and procedure when administering a blood or breath test;
- Undermining the validity, accuracy, or precision of field sobriety tests by attacking the underlying science and the field equipment used;
- Attacking procedural errors law enforcement or the State has made in arresting you and bringing the charge.
- Attacking the credibility of the State’s evidence and/or witnesses.
While these are some typical defenses, this is not a complete list.
A seasoned DWI attorney will put your case under a microscope, investigate, examine the facts, apply the law, and determine the best strategy for ensuring your freedom.