Being charged with Driving While Intoxicated (DWI) in Texas can feel overwhelming, but a charge is not a conviction. Many people assume that once they’ve been arrested, they have no choice but to accept the penalties—but that’s far from the truth.

Texas DWI laws are strict, but they also have loopholes, defenses, and procedural requirements that can work in your favor. If you or someone you know is facing a DWI charge, here’s what you need to know about fighting and potentially beating your case.
1. Was There Probable Cause for the Stop?
One of the first things your attorney will examine is whether the police officer had a valid legal reason to pull you over. If the stop was unlawful, the entire case could be thrown out.
🚔 Common invalid reasons for a DWI stop:
You were obeying all traffic laws and were pulled over randomly
The officer had no clear evidence of impairment before stopping you
A checkpoint stop violated Texas' DWI checkpoint laws
2. Can the Field Sobriety Test Be Challenged?
Field sobriety tests (FSTs) are notoriously unreliable and can be challenged in court. Factors that can affect FST results include:
🔸 Poor road conditions (uneven pavement, gravel)
🔸 Medical conditions (vertigo, knee injuries)
🔸 Improper instructions from the officer
🔸 Bad weather (rain, wind)
If your FST performance was impacted by factors other than intoxication, this could weaken the prosecution’s case.
3. Was the Breathalyzer or Blood Test Accurate?
Breathalyzers and blood tests aren’t always 100% reliable. Your attorney may be able to challenge the results if:
🛑 The breathalyzer wasn’t properly calibrated
🛑 The officer failed to follow proper testing procedures
🛑 There was a delay between the stop and the test, which could have led to an inaccurate result
Additionally, certain medical conditions, diets (like keto), and medications can produce false positives in breath tests.
4. Were Your Rights Violated?
Your case could be dismissed if your constitutional rights were violated at any stage of your arrest. This includes:
⚖️ Failure to read your Miranda Rights
⚖️ Illegal search & seizure (e.g., blood tests taken without consent or a warrant)
⚖️ Lack of due process (officers failed to follow the correct procedures)
A skilled Texas DWI attorney will analyze every aspect of your arrest to identify these violations.
5. Can Your Charges Be Reduced or Dismissed?
Even if there’s evidence against you, an experienced DWI defense lawyer can negotiate for:
✅ Dismissal (if evidence is weak or tainted)
✅ Reduction to a lesser charge (e.g., reckless driving instead of DWI)
✅ Deferred adjudication (avoiding a conviction with probation & conditions)
What Should You Do if You’ve Been Charged with a DWI?
If you’re facing a DWI charge in Texas, the worst thing you can do is wait and hope for the best. The prosecution is already building its case, and you should be doing the same.
📞 Call Ruben Restrepo Law at 713-714-7330 or 📧 email ruben@restrepodwilawyer.com for a consultation today.
Your future is worth fighting for—don’t leave it in the hands of the prosecution.
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