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Houston DWI Lawyer > Blog > DWI > Situations Leading To A DWI Dismissal

Situations Leading To A DWI Dismissal


When law enforcement makes mistakes during a DWI arrest, it could result in the DWI charges being dismissed. Sometimes errors occur during the traffic stop, but there are also mistakes made before or after the stop that could lead to a Texas DWI being thrown out.

Mistakes are not necessarily connected to bad behavior. DWI dismissals are appropriate when mistakes are made that lead to a questioning of the validity of the traffic stop itself. To learn more about Texas DWI dismissals and find out if there is any possibility of the charges against you or someone you care about being dismissed, connect with a seasoned Houston DWI lawyer. Experienced attorneys know how to beat DWI charges, you do not have to go through the process on your own.

Reasonable Suspicion and Evidence

Police officers are not allowed to pull a person over simply because they want to, they need to have reasonable suspicion. For this reason, a charge could be dismissed if there was no legal reason for you to be pulled over.

Examples of legal reasons for pulling someone over:

  • Noticeable indicators of driving under the influence, such as swerving.
  • Failure to obey traffic laws and signs.
  • Driver was committing a moving violation, such as speeding.

If your attorney can provide proof there was no legal reason to pull you over, it is possible a DWI you received as a result of the traffic stop could be dismissed.

Other mistakes that could call a case into question include evidence issues. For example, if there was a test performed that yielded an extremely high alcohol level but there is video footage of the arrest and your behavior throughout the course of the arrest was of a calm, sober individual, two pieces of evidence—the video and the BAC level—do not make sense together. Maybe the BAC test was not handled properly.

Protocols Must Be Followed

During a traffic stop, there are protocols Texas police officers must follow. You have rights, and it is illegal for an officer to infringe upon them. When a Houston DWI lawyer looks over the details of the traffic stop and discusses your memories of the event, it is possible they will notice areas where there was a failure to follow protocol. It may be impossible for a court prosecutor to move forward with a DWI arrest conviction if protocols were not followed.

If you were charged with a Texas DWI, you need to talk to an attorney. Legal experts who work in criminal law know when it is possible to get charges dismissed, which could save you your reputation, thousands of dollars, and your freedom.

Do you want to know if an attorney can help you get a DWI dismissed? Connect with a skilled lawyer right away. Experienced attorneys with experience in drunk driving cases can inform you of your options. Share the details of your arrest with the legal team at Ayson Law Firm to learn about the best path forward to protect your future. Contact us today for a free consultation.

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