Can a DWI Be Dismissed in Bexar County?

DWI Cases Can Be Dismissed in Some Cases

A DWI charge in Bexar County is not a guaranteed conviction, but no dismissal can be guaranteed either. Potential issues may involve the legality of the stop or detention, probable cause, field sobriety testing, video evidence, breath or blood testing, warrants, chain of custody, laboratory procedures, and other case-specific facts. Since 2021, The Hull Firm has secured over 960 dismissals or rejected cases across its practice. The firm represents DWI clients in Bexar County and throughout Central Texas. Each San Antonio DWI case is reviewed across these areas. Past results do not guarantee or predict a similar outcome.

Issue 1: The Traffic Stop Lacked Reasonable Suspicion

Many DWI cases begin with a traffic stop, though some begin with a crash investigation or other encounter. A stop generally requires reasonable suspicion based on specific, articulable facts. Under Rodriguez v. United States (575 U.S. 348, 2015), a traffic stop generally cannot be prolonged beyond its mission without additional reasonable suspicion. If a stop on IH-10, IH-35, Loop 1604, or the River Walk corridor lacked legal justification, evidence obtained as a result may be subject to suppression under Texas CCP Art. 38.23. The effect on the case depends on what independent evidence remains.

The firm requests available SAPD dashcam and bodycam footage promptly. Differences between what the camera shows and what the officer’s written report says can be important in evaluating suppression issues.

Issue 2: Field Sobriety Test Administration

HGN, Walk and Turn, and One Leg Stand have NHTSA administration standards. Surface conditions, lighting, and instructions can matter. The firm requests the officer’s SFST training records where available and compares the reported clues with the video. Deviations can affect how the results should be weighed and, in some cases, their admissibility.

Issue 3: Breath or Blood Evidence

Results from an Intoxilyzer 9000 breath test or a laboratory blood analysis depend on maintenance, calibration, operator certification, the observation period, and chain of custody. Those records can be requested and evaluated to determine whether any issue materially affected the result or its admissibility.

What Happens After a Dismissal

A dismissed DWI does not automatically clear your record. The arrest can remain visible until a district court issues an expunction order under Texas Chapter 55, if the statutory requirements are met. The firm evaluates expunction eligibility on dismissed cases. Learn more on our San Antonio expungement page.

Deferred Adjudication and Nondisclosure for DWI

Deferred adjudication may be available for some qualifying DWI offenses under Texas Code of Criminal Procedure Article 42A.102, but statutory exclusions apply. Eligibility depends on the exact charge, BAC allegation, prior history, commercial-license status, and other statutory factors. Some qualifying DWI dispositions may be eligible for an order of nondisclosure. Dismissal, acquittal, reduction, deferred adjudication where available, and nondisclosure where available can have different record consequences, so each option should be evaluated on a first-time DWI in San Antonio.