Were you arrested and charged with a DWI in Tarrant County? If so, it is normal to feel stressed out, confused, and frightened by the situation. Under Texas law (Texas Penal Code § 49.04), a person who was arrested and charged with intoxicated driving can receive serious criminal penalties. It is important to remember that an arrest is not a conviction. It is possible for DWI charges to be dropped in Texas. Here, our Fort Worth DWI defense attorney explains when and why drunk driving charges can be dropped in Texas.
Three Key Reasons Why DWI Charges May be Dropped in Texas
- The DWI Stop Was Illegal
Police cannot simply pull over a person whenever they feel like it. They must have probable cause. If the initial DWI stop was illegal, it is possible that much of the evidence collected by law enforcement cannot be included in the court case. The charges may be dismissed.
- Questions About Breath Test and/or Blood Test
Many DWI cases now come down to chemical testing. There may be a breathalyzer sample, a blood test, or both. These tests are not always perfectly accurate. Questions can be raised over the reliability of a breath test or a blood test. It matters exactly what and how such a sample was taken from the defendant. Problems with a breathalyzer sample and/or a blood sample could lead to DWI charges being dismissed outright.
- Lack of Evidence
The burden of proof rests on the prosecution in a criminal case. A DWI charge is no exception. It is the job of police and prosecutors to present evidence that establishes the defendant’s guilt beyond a reasonable doubt. If prosecutors lack sufficient evidencepossibly because evidence was excluded from court as unreliable after a lawyer’s motion to suppressthe charges may be dropped.
A DWI Charge May Also be Reduced (Plea Agreement)
Every criminal case is different. There may be circumstances in which fighting aggressively to get a DWI charge dropped outright is not the best approach given the evidence that the prosecution has its possession. That is not to say that a person is entirely without options. Quite the contrary, you may be able to get the DWI charge reduced through a plea agreement. Among other things, a plea could keep you out of jail and limit any suspension of license. An experienced DWI defense lawyer can help you determine the best strategy for your specific situation.
Get Help From Our Fort Worth DWI Defense Attorney Today
At The Law Office of Kyle Whitaker, our Texas DWI defense lawyer is an aggressive, justice-first advocate for clients. If you or your loved one was arrested and charged with a DWI, we will fight to protect your rights. You may still be able to get the charges dropped. Contact us today for a fully confidential consultation. With a law office in Fort Worth, we provide DWI defense representation throughout North Texas, including in Tarrant County, Dallas County, and Collin County.