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Can a DWI Be Dismissed in Houston? What Texas Law Really Allows
- becoolwithbob
- Jan 12
- 4 min read
Is It Possible to Get a DWI Dismissed in Houston?
After a DWI arrest in Houston, one of the first questions most people ask is simple:“Can my case be dismissed?”
The honest answer is yes — a DWI can be dismissed in Houston, but dismissal is never automatic and never guaranteed. Whether dismissal is possible depends on the facts of the case, how the evidence was obtained, and how the case is handled from the very beginning.
As a Houston DWI defense attorney, I regularly review cases where dismissal is a realistic outcome — and others where it is not. Understanding the difference is critical.
What “Dismissal” Means in a Texas DWI Case
A dismissal means the criminal charge is dropped and does not result in a conviction. This can happen at different stages of the case and for different reasons.
Dismissals may occur:
Before trial
After legal challenges
When evidence is excluded
When prosecutors determine the case cannot be proven beyond a reasonable doubt
Dismissal is not the same as probation, deferred adjudication, or a plea agreement — it means the case ends without a conviction.
Common Reasons DWI Cases Are Dismissed in Houston
Every case is unique, but dismissals often stem from problems with the State’s evidence or violations of legal procedures.
1. Illegal Traffic Stop
Police must have a lawful reason to stop a vehicle. If the stop lacked reasonable suspicion, any evidence gathered afterward may be challenged.
This issue often arises in cases involving alleged lane violations, equipment issues, or mistaken observations. We discuss stop-related issues further in our article on are DWI checkpoints legal in Texas, which explains how enforcement operations work.
2. Lack of Probable Cause for Arrest
Even after a stop, officers must establish probable cause to make a DWI arrest.
Weaknesses may exist when:
Field sobriety tests are improperly administered
Observations are exaggerated or inconsistent
Video evidence contradicts officer reports
These issues frequently become central in dismissal arguments.
3. Problems With Field Sobriety Tests
Field sobriety tests are subjective and influenced by many factors unrelated to alcohol.
Improper instructions, poor testing conditions, or medical limitations can undermine their reliability. These weaknesses are explored in more detail in our post on field sobriety tests in Houston DWI cases.
4. Faulty Breath or Blood Test Evidence
Chemical testing is often viewed as strong evidence — but it is not immune from challenge.
DWI cases may be dismissed when:
Breath testing equipment was not properly calibrated
Blood samples were mishandled
Chain-of-custody documentation is incomplete
Testing procedures violated protocol
Understanding the differences between blood and breath tests in Texas is often critical when evaluating dismissal potential.
5. Constitutional or Procedural Violations
Cases may also be dismissed when constitutional rights are violated, such as:
Unlawful detention
Improper questioning
Invalid warrants
Failure to follow required procedures
These issues often surface during early hearings or motions.
Can a DWI Be Dismissed Without a Breath Test?
Yes — and in some cases, the absence of chemical testing strengthens the defense.
When no breath or blood test exists, the prosecution relies heavily on officer observations and field sobriety tests. These cases are often more vulnerable to challenge.
We explain this scenario further in our article on can you be arrested for DWI without a breath test in Houston, which outlines how evidence is evaluated when no BAC result exists.
How the ALR Process Can Impact Dismissal
The Administrative License Revocation (ALR) hearing plays a larger role in dismissal potential than many people realize.
ALR hearings allow the defense to:
Question the arresting officer early
Preserve testimony
Identify inconsistencies
Expose weaknesses in the stop or arrest
Evidence uncovered during the ALR hearing often becomes a foundation for motions that lead to dismissal. This process is explained in detail in our Houston DWI ALR hearing guide.
Does a First-Time DWI Have a Better Chance of Dismissal?
First-time DWI cases often have more defense flexibility, especially when:
No accident occurred
BAC is not elevated
The stop or arrest is questionable
Evidence is weak or inconsistent
However, dismissal depends on facts — not offense number alone. We discuss first-offense outcomes further in our post on first-time DWI in Houston: jail time vs probation.
What Houston Drivers Should Understand About DWI Dismissals
The most important takeaway is this:
Dismissal is possible, but it depends on early, strategic action and careful examination of the evidence.
Waiting too long or assuming the case will “work itself out” often reduces available options.
Learn More About Houston DWI Defense Options
If you’ve been arrested for DWI in Houston or Harris County and want to understand whether dismissal may be possible in your case, learning your options early can make a meaningful difference.
For a full overview of the DWI process — from arrest through resolution — visit our complete Houston DWI defense guide, which explains each stage and what to expect.
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