Yes, it can. It’s not easy, it’s hard, but we can often get DWI dismissed in Texas. Now, some of these factors that will play into whether or not a DWI can be dismissed are the particular facts of the offense. Dealing with how the person was detained, why they were pulled over, if the officer saw driving, indications of impairment, or intoxication how the person was detained.
Once they were pulled over, did the officer have reasonable suspicion to detain them? To pull them over, did the officer have probable cause to detain them for investigation? That usually happens at the point where the officer has the person step out of the car and start doing field sobriety tests. So depending on those factors, there may be a lack of reasonable suspicion for the initial traffic stop.
There may be a lack of reasonable probable cause for the person to be arrested for driving while intoxicated after the officer goes through possibly field sobriety tests. So there are several stages at which there may be good legal or factual challenges to the DWI. It includes reasonable suspicion for a stop or detention, probable cause for arrest, and then maybe good challenges.
There are going to be sufficient facts to prove the person guilty of driving while intoxicated, such as breath test, blood test, or other reasons to prove that the person did not have normal use of their mental or physical faculties by reason of alcohol, drugs or medications or anything else at the time that they were driving.
So quite often there are challenges to some of these facts or legal issues that can allow us to get the case dismissed. So, yes, we can able to achieve it.
Though challenging, The Medlin Law Firm frequently achieves DWI dismissals in Texas. Factors like the arrest circumstances, driving evidence, and field sobriety tests influence the outcome. Legal challenges arise in stages: initial stop, arrest grounds, and proof of impairment. Dismissals result from weak evidence or legal issues, making it feasible to have DWI cases dropped, despite the difficulty.
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