Can a DWI Be Dismissed in Bexar County?

Yes — DWI Cases Are Dismissed in Bexar County Courts Regularly

A DWI charge in Bexar County is not a guaranteed conviction. The Hull Firm has dismissed hundreds of DWI cases at the Cadena-Reeves Justice Center. The most common grounds are a traffic stop that lacked legal justification, field sobriety tests improperly administered, and BAC evidence that does not meet technical requirements. Every San Antonio DWI case we take receives a systematic challenge across all three layers.

Ground 1: The Traffic Stop Lacked Reasonable Suspicion

Every DWI begins with a traffic stop. Under Rodriguez v. United States (575 U.S. 348, 2015) and Texas CCP Art. 38.23, a stop must be based on specific, articulable facts of a traffic violation or criminal activity. If SAPD’s stop on IH-10, IH-35, Loop 1604, or the River Walk corridor lacked legal justification — or if it was extended past its traffic purpose without independent suspicion — everything discovered afterward is suppressible. No valid stop means no DWI case.

We pull SAPD dashcam and bodycam footage the day we are retained. The gap between what the camera shows and what the officer’s written report says is where most Bexar County DWI cases are won on suppression.

Ground 2: Field Sobriety Tests Improperly Administered

HGN, Walk and Turn, and One Leg Stand must be administered in strict compliance with NHTSA-standardized protocols. The officer must be currently certified. Surface conditions, lighting, and exact instruction delivery all matter. We request the officer’s SFST certification records and compare every clue against the video of the actual test administration. Deviations from protocol can make SFST results inadmissible.

Ground 3: BAC Evidence Fails Technical Requirements

A BAC number from an Intoxilyzer 9000 breath test or a Bexar County Crime Laboratory blood analysis is only admissible if the underlying process meets specific requirements. Maintenance logs, calibration records, operator certifications, the 15-minute observation period, and the complete chain of custody are all obtainable and all challengeable. Improperly preserved blood samples can produce a result higher than the actual BAC at the time of the draw.

What Happens After a Dismissal

A dismissed DWI in Bexar County does not automatically clear your record. The arrest remains visible until a Bexar County District Court issues a formal expunction order under Texas Chapter 55. We evaluate expungement eligibility on every dismissed case and file the petition as soon as you qualify. Learn more on our San Antonio expungement page.

No Deferred Adjudication for DWI in Texas

Texas law prohibits deferred adjudication for DWI under CCP Art. 42A.102. For virtually every other charge, deferred adjudication allows defendants to complete probation and have the charge dismissed. For DWI, that option does not exist at any charge level. This makes fighting the case toward an outright dismissal — not negotiating a plea — the correct strategy on every first-time DWI in San Antonio.