Can a DWI Be Dismissed in Texas?

DWI Cases Can Be Dismissed When the Evidence Supports It

A DWI charge in Texas is not an automatic conviction. Issues involving the traffic stop, field sobriety testing, video evidence, breath testing, blood testing, warrants, or other evidence can affect the strength or admissibility of the prosecution's case. Whether dismissal is available depends on the facts and remaining evidence. Every Austin DWI case should be evaluated for stop or detention issues, probable cause, field sobriety testing, video evidence, chemical testing, warrants, and other case-specific evidence, with the review tailored to the facts of that case.

Issue 1: The Stop or Detention

Many DWI cases begin with a traffic stop, while others arise from crashes, parked vehicles, welfare checks, or other encounters. Under Rodriguez v. United States (575 U.S. 348, 2015), a traffic stop generally cannot be extended beyond its original purpose without independent reasonable suspicion. If the stop or detention violated the Fourth Amendment or Texas law, evidence obtained as a result may be subject to suppression under Texas Code of Criminal Procedure Art. 38.23. The effect depends on the facts and what independent evidence remains.

APD and Texas DPS conduct DWI enforcement on I-35, MoPac, 6th Street, and Rainey Street. The firm requests available dashcam and bodycam footage promptly and compares it against the officer's written report. Differences between the video and the report can be important in evaluating a Travis County DWI case.

Issue 2: Field Sobriety Test Administration

The HGN, Walk and Turn, and One Leg Stand are standardized tests with specific administration requirements. Officer training, the instructions given, and surface and lighting conditions can all affect how the results should be weighed. Austin conditions such as uneven sidewalks, highway shoulders, and parking lots can be relevant.

The firm requests the officer's SFST training records where available and compares the clues reported against the video. Deviations from protocol can affect the weight or admissibility of the results, depending on the circumstances and the court's rulings.

Issue 3: BAC Evidence

A BAC number from an Intoxilyzer 9000 breath test or a blood draw depends on the underlying process. Maintenance logs, calibration records, operator certifications, the observation period, and the chain of custody from blood draw through lab analysis can be requested and evaluated.

Whether a maintenance, preservation, or certification issue materially affects a result depends on its legal and scientific significance in the individual case. Some issues may support a challenge; others may not.

What Happens After a Dismissal: Expunction

A dismissed DWI charge does not automatically disappear from your record. The arrest may remain visible on background checks until a court grants an expunction under Texas Chapter 55, if the case qualifies. When a case is dismissed, the firm can evaluate whether the arrest and charge qualify for expunction and discuss the available filing process. Government agencies subject to a valid expunction order must comply with Texas law; private databases may require additional time or correction procedures. Learn more on our expungement page.

Deferred Adjudication and Other Dispositions

Deferred adjudication may be available for some qualifying DWI offenses under Code of Criminal Procedure Art. 42A.102, but statutory exclusions apply, including certain cases involving a BAC of 0.15 or higher, a commercial driver's license or commercial learner's permit, repeat-offense enhancement, and specified intoxication offenses. Some qualifying DWI dispositions may also be eligible for an order of nondisclosure. For a first-time DWI in Austin, the firm evaluates dismissal, suppression, reduction, deferred adjudication where available, negotiated resolution, and trial based on the individual case.