Can A DWI Be Dismissed In Texas?

Last updated on April 11, 2025

Drunk driving is a very serious allegation in Texas. A DWI charge can expose you to jail time, hefty fines, loss of your license and many other significant consequences. It is important to know that there are ways to fight these charges. One route is pursuing case dismissal. Drivers can potentially get a DWI dismissed in Texas, but the circumstances must be right, and the process is complex. Based in McAllen, we at The Sanchez Law Firm are here to help with tailored Texas DWI defense strategies. Our lawyer, Sergio Sanchez, has over 23 years of legal experience and was formerly a prosecutor. He knows what it takes to get a DWI dismissed in Texas and can fight for a resolution to your case that meets your goals.

What Is A Case Dismissal?

A dismissal is a legal decision that ends a criminal case without a determination of guilt or innocence. Only a judge can dismiss a case. They can do so either on their own initiative or at the request of either side. It is important not to confuse a dismissal with other types of Texas DWI case outcomes such as:

Getting DWI charges dropped: This is when the prosecution decides to no longer pursue a case.
Acquittal: This is a decision by a trial jury that an individual is not guilty of an offense.

Our lawyer can guide you on the specifics of dismissal as a legal option in DWI cases and answer any questions you may have.

How Can You Request To Have A DWI Dismissed In Texas?

The main way to request a dismissal is through a motion to dismiss. This is often a pretrial motion. However, there are also some circumstances in which it could be made during or after a trial.

In such a motion, you present your argument as to why you think the case should be dismissed. A judge will then decide on whether to grant you the proposed dismissal.

Various legal requirements must be met when filing these motions. Our lawyer has extensive knowledge of these rules and can help you with such motions at every step of the DWI case dismissal process.

What Can Be Grounds For A Dismissal?

There is a wide range of potential DWI dismissal circumstances. However, you can’t request a case dismissal for just any reason. You generally need to show that there is a legal problem with the case that rises to the level that the case shouldn’t proceed. Common grounds for seeking to have a DWI dismissed in Texas include:

Insufficient evidence: There isn’t enough evidence to support the DWI charge brought against you.
Procedural errors: Critical errors occurred that compromise the fairness or integrity of the case.
Rights violations: Authorities failed to respect key rights of yours.

Our attorney can help you determine if you would likely meet the DWI case dismissal requirements in Texas. He can also assist you with all aspects of building effective arguments in motions to dismiss.

Understanding Motions To Suppress Evidence

Showing a lack of evidence is a major route for seeking to have a DWI dismissed in Texas. One step that can be crucial in pursuing this option is getting problematic evidence thrown out. This can be done through a motion to suppress evidence. This is a pretrial motion in which you identify evidence you want suppressed and argue why you think it should be tossed out. Our lawyer knows how to spot problems with DWI evidence and craft strong motions to suppress evidence.

Challenging Evidence Due To Rights Violations

In Texas criminal cases, evidence obtained as a result of a violation of your rights is generally to be thrown out. This is sometimes called the “fruit of the poisonous tree” doctrine. Rights violations that could be grounds for seeing evidence suppression include:

Invalid traffic stops: Police need to have a reasonable suspicion that you broke the law to pull you over.
Invalid vehicle searches: Police need probable cause or your consent to search your vehicle.
Failure to read Miranda rights: Police must notify you of certain rights when arresting you.
Improper interrogation: Police cannot question you without your attorney present if you have requested counsel.

Our attorney can investigate whether any rights violations occurred in your case and whether the evidence is tainted to the point where you could request it be tossed.

Contesting Breath Test Evidence

Breath test evidence often plays a crucial role in Texas DWI cases, as driving with a BAC above .08% is one of the main ways a driver can commit DWI under state law. However, certain factors can call the accuracy of the results of such tests into question. Common grounds for seeking to suppress this evidence due to possible inaccuracy include:

That the test wasn’t administered properly
That the device wasn’t functioning properly
That this device was improperly maintained
That police didn’t follow their own rules and procedures related to such tests

Our skilled DWI defense attorney knows how to scrutinize breath test evidence to identify potential problems.

Challenging Field Sobriety Test Evidence

Field sobriety tests are common during DWI stops, and they include tests such as the walk-and-turn, horizontal gaze nystagmus and one-leg stand. Police observations during such tests are sometimes presented as evidence of DWI. However, you could potentially get such evidence tossed out if you can show there were problems with the test such as:

Incorrect administration: The officer didn’t conduct the test correctly.
Environmental factors: Unique aspects of where the test was conducted impacted the results (for example, uneven pavement).
Medical issues: The driver had a medical condition that could impact their performance on such tests.

We can help determine if you have grounds for contesting the accuracy of the field sobriety test evidence in your case.

Dismissal With Prejudice Versus Without Prejudice

A DWI dismissal can be made with or without prejudice. A dismissal with prejudice means the case is closed and cannot be refiled. A dismissal without prejudice allows the prosecution to resubmit the case. Therefore, whether your DWI dismissal in Texas is with or without prejudice is extremely significant.

How Is A Plea Bargain Different From Dismissal?

A plea bargain is an agreement with prosecutors in which a person pleads guilty in exchange for a lesser charge or reduced sentence. It differs from a dismissal in many ways. Two of the biggest are that a plea deal, unlike a dismissal, involves an admission of guilt and puts a conviction on your record. This can expose you to penalties and can impact your eligibility for a Texas DWI expungement. It’s very important to keep these differences in mind when considering negotiating a plea agreement with prosecutors or accepting one. We can help you with assessing all your options in your DWI case, including potential plea bargains and DWI charge reduction, and advise you on which are most closely aligned with your goals.

Get A Trusted Ally When Seeking To Have A DWI Dismissed In Texas

Dismissal can be an attractive resolution to your DWI case. However, the path to pursuing one can be full of challenges. Whether you are pursuing a first-offense DWI dismissal or want a repeat offense case dismissed, you need a knowledgeable guide you can trust. Discuss your Texas DWI dismissal options with our skilled attorney in a free consultation. You can schedule one by calling 956-467-5766 or getting in touch through our contact form. Se habla español.