DWI Cases – What to Expect – Defenses

Getting arrested for DWI in Texas can be a frightening experience. Most people have no idea what to expect. This is not unusual. More than most other criminal offenses, most people charged with DWI are relative ‘newbies’ with the criminal justice system.

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Criminal DWI cases typically conclude in one of three ways: dismissal, trial or plea agreement with the prosecutor. Naturally, people charged with DWI want to know what the likely outcome is for their case.

DWI Case Investigation

It is necessary for a DWI defense attorney to complete a review of the case to provide likely case outcomes. The attorney must obtain police reports, results of breathalyzer and blood tests, videos, medical records, and more. The attorney may need to visit the place where the DWI arrest occurred. Overall, a complete DWI case investigation is essential to successfully defend a DWI case.

Some Texas DWI Cases Are Dismissed

A number of DWI charges are dismissed. It is possible. In some DWI cases, the police officer may have lacked reasonable suspicion to make the traffic stop. In other situations, the case may be dismissed if the police officer lacks the evidence to arrest you. This is referred to as probable cause to make an arrest.

An arrest may not have probable cause if the officer failed to administer Standardized Field Sobriety Tests or SFSTs or did not do them correctly. Even if the arrest is valid, the case could be dismissed if the evidence is weak. The district attorney’s office may think that there is not enough supporting evidence to prove the case.

How Other DWI Cases Resolve

If your DWI case is not dismissed, it is usually resolved by plea or trial. Cases can end up going to trial for several reasons. Those who are facing their first DWI charge and have no criminal record may go to trial in these situations:

  1. They have a strong case and there is a good chance, in the defense attorney’s opinion, that they can win
  2. A plea agreement cannot be accepted; this is common for people who could lose their commercial driver’s license or another professional license for accepting a plea
  3. The offer made from the prosecutor is not significantly worse than what the person would get if they go to trial and lose

Your attorney will work with you to determine which is the best path forward for your DWI case. But it is very important to speak to an attorney as early in the process as possible to safeguard your legal rights.

Call (281) 853-8537

DWI cases are notoriously complex and difficult to defend. Drunk driving is viewed negatively by the general public, and the district attorney’s office is typically aggressive in obtaining convictions.

Call our office for a free consultation with a defense lawyer. We can help.