Fort Worth DWI Lawyer | Our Goal is a Dismissal

Is it Possible to Have a DWI Dismissed in Texas?

The short answer is yes and retaining the right Fort Worth DWI lawyer for your case is one of the best things you can do to fight to get your DWI charges reduced or dismissed. Our DWI law firm at Hoeller McLaughlin PLLC has the experience, the knowledge, and the track record to get these charge reduced or dismissed.

Having an outright dismissal of the charges can be difficult because the DA’s Office devotes extensive resources training prosecutors to secure DWI convictions, but the right Tarrant County DWI defense attorney can make a big difference for your case. Below are just a few options your DWI lawyer in Fort Worth may explore to defend your case:

• Lack of reasonable suspicion to detain the accused (is it an illegal or bad stop?)?
• Lack of probable cause to arrest the accused (is it an illegal or bad arrest?)?
• Lack of evidence of Intoxication (did you pass a field sobriety test? did the officers fail to get a blood or breath test specimen?)?
• Lack of probable cause to get a search warrant for a blood sample?
• Bad Search Warrant (Providing wrong, incomplete, or false information in the search warrant)?
• Improper testing methods and lab techniques (Did the officer conduct the field sobriety tests incorrectly?)
• Not knowing your intoxication level at the time of the driving (i.e. the State must prove you were intoxicated at the time of driving, not 2 hours later)?
• Having an overall lack of proof in one of more elements of DWI?

Any one of these could be grounds to get the case thrown out or reduced.  Sometimes, it is necessary to file a Motion to Suppress to present evidence to a Judge requesting the evidence be thrown out.  If granted, than the State is forced in many circumstances to dismiss the case.

Whether you want the case dismissed or your charges lessened, using a qualified, experienced law office to help you through this tough time is essential. They can find areas that may have been overlooked and might just help your case.

DWI Diversion Programs:

Tarrant County has several diversion programs that also allow for a DWI to be dismissed (even if the facts are bad).  These include:

1. Tarrant County Veterans Court – This program is designed for military veterans who may have suffered PTSD or a related diagnosis as a result of military activities.  Hoeller McLaughlin PLLC attorney Dustin Trammel is a Veteran of the US Army and has helped many veterans enter this program.
2. Public Safety Employees Treatment Court – This program is designed for individuals who work in public safety (police officers, fire fighters, first responders, ER nurses at public hospitals). Partner Lindsay Truly has helped many public safety employees enter and complete this program, which allows for the DWI case to end up dismissed.

Texas DWI Non-Disclosure | Is It Possible to get my DWI Arrest Sealed?

How to get a DWI Non-Disclosed (Sealed)?

Unlike most criminal offenses (including most felonies), the biggest problem until 2017 with being arrested for a first-time DWI is that if you are convicted, it remains on your permanent record forever (before 2017, you could never get a DWI Non-Disclosure).  There is no way to get the case dismissed or sealed even if you successfully complete probation. Anytime an employer does a background check, it shows up and may cost you the chance at a great job.

In 2017, Texas started allowing first-time low level misdemeanor DWI offenders the ability to get their records sealed (DWI non-disclosure). The law is retroactive, so even if you have been convicted of a DWI prior to 2017, you may still be eligible for a non-disclosure.

In 2019, Texas again revised their DWI laws, now allowing some first-time low level DWI offenders the ability to get a deferred probation sentence on their DWI arrest.  A deferred sentence would allow for the case to ultimately be dismissed upon successful completion of community supervision.  Those would also allow those offenders the ability to get their records sealed (DWI non-disclosure). Those only apply to offenses that occurred after September 1, 2019.

Your Fort Worth DWI Attorney’s Defense Strategies:

In addition to challenging the results of BAC tests, there are other strategies that a Fort Worth defense lawyer may use to help you with your DWI charge. That includes challenging why you were stopped in the first place.

Police have to have a reasonable suspicion to stop you. They also need probable cause to arrest you or search your vehicle. If the police don’t have enough evidence to justify their actions, your DWI lawyer in Fort Worth might get your charges dismissed or reduced based on any of the following:

• Reasonable Suspicion – The officer’s reasons to suspect you of a crime and come in contact with you must be reasonable and must be sufficient based on current laws.
• Probable Cause – An experienced DWI lawyer in Fort Worth, TX can challenge whether there was probable cause for pulling you over. For example, they may argue the officer did not witness any traffic violations before stopping you, and show that it was unreasonable for them to believe that you had committed  a crime.
• Medical Conditions – A medical condition may explain signs of intoxication. The symptoms you experienced may be due to something other than alcohol consumption. Some conditions that can cause this effect include diabetes, anxiety disorders like panic attacks, sleep apnea, or taking cold or flu medicine.

This is the primary reason why lawyers check dashcam footage before going into court. It gives us insight into how law enforcement officers were operating when they detained you.

Even if police did not make any mistakes, they may still be wrong about their conclusions when they pull you over on suspicion of drunk driving. A defense lawyer in Fort Worth will know how to challenge these types of cases in court so that you can avoid conviction and save yourself from all the penalties associated with a DWI conviction.

Disputing the Officer’s Interpretation:

When you’re pulled over by a police officer, they may make note of your behavior before and during the traffic stop. These are called subjective observations, because they are based on an individual officer’s opinion.

Your appearance, including your hair and clothes, can affect the officer’s perception of you. How they perceive you will be influenced by what they see. But in DWI cases, it’s important to remember that the officer’s opinion of your appearance isn’t always accurate.

The officer may be biased or prejudiced against certain people based on factors like their race, gender, and class. In these situations, it can be difficult for them to give unbiased opinions about people who don’t fit their stereotypes or expectations.

You may also have a chance to challenge the officer’s perception of your speech patterns, mannerisms, body language and attitude. For instance, the officer may have observed you were unable to stand steady or were slurring your words. For some, this is simply a part of a disability, not a sign of impairment.

Your DWI lawyer in Fort Worth could then argue that there is no correlation between being unable to stand straight or speak clearly and legally intoxicated under Texas law. These are indicators someone has had some alcoholic drinks, but does not necessarily mean they drank enough be impaired under the legal definition.

Additionally, how the officer perceived your body language and attitude may also have influenced their decision to charge you with a DWI. The DWI arrest report will specifically identify the factors that led the officer to conclude that you were driving while intoxicated.

The report might include statements about your eyes being bloodshot or glassy, but these conditions can also be a sign that you were overworked and tired because you have to hold down two jobs to support your family. They can also be signs of a medical condition.

Your Fort Worth DWI attorney will ask you about your life circumstances and compare them to what the officer said about you and determine if there were any subjective observations made that could lead to a dismissal of your DWI charges.

Evidence a Fort Worth DWI Lawyer Will Use in Your Defense

When you’re preparing to defend your case in court, you and your lawyer will need to review all evidence for your case. This may include evidence that proves you were not intoxicated, evidence that proves you were not impaired, or evidence that proves that someone else was actually driving the vehicle.

Witness Testimony

Witnesses are crucial to any DWI defense. To get this evidence, a diligent Fort Worth DWI attorney will take the time to talk to witnesses that may be able to help you prove your innocence. They may ask for them to take the following steps:

• Write down what they saw;
• Describe the incident in detail;
• Give any indication that they personally observed any signs of intoxication;
• Recall if they smelled alcohol on your breath or saw beer cans in your car;
• Sign a sworn affidavit/statement.

Witnesses or passengers in the vehicle with you can also provide photos or video that show that you were not intoxicated at the time of driving. This means that if your blood alcohol concentration test results are positive, but the video footage shows that there were no signs of intoxication, we may still be able to seek an acquittal.

Your own video footage from a passenger’s phone can also prove that you were not even the person behind the wheel when the vehicle was pulled over. Video evidence can be a key part of avoiding penalties for a DWI charge.

Expert Witness Testimony

Your DWI lawyer in Fort Worth can also launch an effective defense by calling in an expert witness.

A Fort Worth criminal defense lawyer is familiar with expert witnesses, who can provide more information about your charges. We may call a toxicologist to testify on the BAC level found in your body, for example. They may tell the court how much alcohol would have been in your system at the time of arrest and whether you were legally intoxicated.

If you face a hybrid DWI/drug charge, your Fort Worth DWI lawyer may also want to call an expert witness to discuss the validity of any other drug tests you took. These tests may be fallible, and an expert witness can review and comment on the validity of your drug test.

Options to Avoid Severe DWI Penalties

Deferred probation or pretrial diversion programs (for eligible participants like a Veteran or someone who works in emergency first response, as noted above) are offered by the court system to eligible nonviolent first time offenders who face a DWI charge.

These programs may allow you to avoid a DWI conviction (and end up with the case dismissed) by completing the deferred probationary period or program.  In these circumstances, it may be possible to ultimately seal your DWI arrest through a DWI Non-Disclosure.

Even if you’re unable to avoid a conviction, your lawyer can still seek out probation for your case. Probation offers you the chance to avoid time behind bars, in exchange for following certain requirements mandated in the Texas Code of Criminal Procedure.

For example, you may not be allowed to consume alcohol while on probation, or you may have to complete certain conditions, such as an alcohol awareness program. If you fail to follow the conditions of a probation agreement, you may be sent to jail (for misdemeanor DWI) or prison (for felony DWI) to finish your sentence.

But these aren’t the first line of defense for your case. If you’ve been accused of drinking and driving, your lawyer will focus on building the best defense for your case. We’re ready to work with you to build your case and get the results you need. Reach out for your lawyer’s help before you accept a plea bargain.