Can a First-Time DWI Be Dismissed in Texas? What Are Your Chances?

Is it Possible to Achieve a Dismissal of First-Time DWI Charges in Texas?

Facing a first-time DWI (Driving While Intoxicated) charge in Texas can be overwhelming, but it’s critical to understand that a charge does not automatically result in a conviction. While Texas takes DWI offenses seriously, there are various legal avenues through which first-time offenders may achieve dismissal or reduced charges. Understanding the full range of legal options is crucial for protecting your future opportunities.

A first-time DWI in Texas is typically classified as a Class B misdemeanor, carrying potential penalties including fines up to $2,000, up to 180 days in county jail, and driver’s license suspension. However, if your blood alcohol concentration (BAC) was 0.15% or higher, the charge escalates to a Class A misdemeanor with increased penalties. Despite these serious potential consequences, first-time offenders often have the best chances of achieving favorable outcomes, including possible dismissal. However, consulting with a knowledgeable DWI defense attorney as soon as possible after your arrest is essential to making certain your rights are upheld and all legal avenues are explored.

What is the Likelihood of a DWI Dismissal?

A range of outcomes can result from a DWI, from convictions and guilty pleas to reduced charges and dismissals. But how frequent are dismissals? According to data from the Texas Department of Public Safety, 83,361 DWI arrests occurred in 2022. In 3,793 of these cases, the defendant was released with no charges. Of the remaining cases, 10,021 were dismissed. It’s important to note that this data does not record the percentage of defendants who were first-time offenders. However, courts are typically most lenient on individuals without a prior record, so the rate of dismissals for first-time DWIs is likely much higher than the overall average.

What Are Some Common Grounds for DWI Dismissal?

DWI charges may be dismissed at any point during court proceedings. A skilled DWI defense attorney can examine your case, identify grounds for dismissal, and file motions with the court. Some of the most frequently cited reasons for dismissal include:

• Lack of reasonable suspicion for the initial traffic stop: Police officers must have specific articulable facts to justify pulling you over. If the officer cannot demonstrate a valid reason for the stop, any evidence gathered afterward may be suppressed
• Lack of probable cause for arrest: The officer must have sufficient evidence to believe you were driving while intoxicated before making an arrest. If this standard isn’t met, the arrest may be deemed illegal, potentially leading to case dismissal
• Constitutional rights violations: While officers aren’t required to read Miranda rights during the initial traffic stop, they must do so before custodial interrogation. If your rights were violated and statements were improperly obtained, this evidence may be excluded from trial, making a dismissal more likely

How Could Procedural Errors Lead to Case Dismissal?

Procedural errors identified during the DWI investigation can significantly weaken the prosecution’s case and potentially lead to dismissal. These errors can encompass a broad range of evidentiary concerns, such as:

• Field sobriety test (FST) issues: While FSTs are commonly used, they are notoriously unreliable and can be influenced by factors unrelated to alcohol consumption. Physical conditions, fatigue, nervousness, weather conditions, or uneven road surfaces can all affect performance on these tests
• Breathalyzer and blood test errors: Breathalyzer devices require proper calibration and maintenance, and officers must be adequately trained in their administration. Medical conditions like diabetes, GERD, or recent dental work may cause false positive readings
• Blood test procedural mistakes: Blood samples must be properly drawn, stored, and transported to maintain integrity. Any breaks in the chain of custody can raise concerns about whether the sample was mishandled or contaminated. Additionally, improper storage conditions, such as allowing blood samples to become heated, can cause fermentation and artificially elevated BAC readings.
• Conflicting video evidence: If recorded evidence contradicts an officer’s written report, it may provide grounds for challenging the case. Dashboard cameras, body cameras, or surveillance footage may show that field sobriety tests were improperly administered or that the defendant’s behavior was inconsistent with intoxication

Can Pretrial Diversion Programs Help First-Time Offenders?

If the available evidence does not support a dismissal, pretrial diversion programs may offer an excellent opportunity for first-time DWI offenders to avoid conviction while addressing the underlying issues that led to their arrest. These programs, available in many Texas counties, allow eligible participants to complete specific requirements in exchange for charge dismissal. Eligibility requirements typically include:

• Being a first-time offender with no prior DWI convictions
• Having a BAC below 0.15%
• No accidents involved in the incident
• No open containers in the vehicle

The specific program completion requirements vary by county, but most programs last 12-18 months and include components such as alcohol education classes, community service, counseling sessions, and periodic drug testing. Upon successful completion of the pretrial diversion program, charges are typically dismissed, and participants may be eligible for expunction of their arrest record. Diversion programs provide a significant advantage over a conviction, which would remain on your record permanently in Texas. However, failure to complete the program requirements can result in prosecution of the original charges.

Deferred adjudication is another option for first-time offenders. It functions similarly to probation but without an immediate conviction. Under deferred adjudication, defendants plead guilty or no contest, but the judge defers entering a finding of guilt and places the defendant on community supervision. Completing the probation requirements can lead to dismissal, though the deferred adjudication remains on record until sealed through a non-disclosure order.

How Can an Experienced Attorney Assist First-Time Offenders Throughout the Legal Process?

First-time offenders should be aware that DWI convictions in Texas remain on their record permanently and count as prior convictions forever, making achieving dismissal or alternative resolution particularly important. Even if you successfully avoid conviction, the arrest itself may appear on background checks until expunged. While first-time DWI charges in Texas carry serious potential consequences, dismissal is possible under the right circumstances. Success often depends on identifying procedural errors, constitutional violations, or weaknesses in the prosecution’s case.

Understanding your options early in the process is crucial for making informed decisions about your defense strategy. Whether pursuing outright dismissal, negotiating for reduced charges, or seeking enrollment in pretrial diversion programs, each option requires careful consideration of the specific facts of your case and your long-term goals.

If you or a loved one are facing DWI charges, you don’t have to handle it alone! Our dedicated DWI defense attorneys at Palmer Perlstein can provide tailored legal representation, which may improve your chances of achieving a favorable outcome that protects your freedom and future. Contact our Dallas area criminal defense firm today at 469-966-7614.