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How probable is it to get a Class A Misdemeanor DWI to be dismissed? This is the Initial charge, I have not been convicted yet.

El Paso, TX |

I was driving on a road, hit a dip too hard, lost control of the car and flipped over. The police arrived shortly after. They gave me the mandatory sobriety test and asked me if I was hurt. I told them I only had some scrapes and bruises and had hit my head, therefore my balance was not too good, I also let them know I had drank 3 to 5 beers. They took me in to the police station and gave me the breathalyzer they told me showed my BAC to be higher than .15 which made the DWI go from a Class B to Class A. I was bailed out and pleaded not guilty on my court while inside of the County Jail. I am not waiting for my court hearing to arrive. I really want to know what the chances of getting this dismissed or at least the misdemeanor charge dropped down to a class B or C are, thank you.

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Attorney answers 5


You had a wreck, admitted to drinking and probably admitted driving the car, then (supposedly) blew twice the legal limit, but do not say how much more over .15 you blew. I do not see a dismissal in your future. As to working something else out, you are going to need an attorney.


You will have an uphill battle with an accident and a BAC that high. You need to hire an attorney who regularly goes to trial on DWIs. They are technical cases, and you need someone representing you who knows what to look for to have any chance at a reduction.

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While anything is possible, it's unlikely that a prosecutor will dismiss the case especially this early in the process with facts like that. However, if you find a knowledgable DWI attorney that is willing to take your case to trial there could be ways to acquit you such as suppressing the breath results if they were conducted improperly or just simply shooting many holes through the prosecutor's case and convincing a jury they didn't prove it beyond a reasonable doubt.


As a local board certified criminal attorney who practices here, I can tell you that you're best chance is to try the case, as was mentioned before. You are ineligible based on the facts you state for the office's quickly disappearing Pre-Trial Diversion program (PTD). Therefore, your options will be to accept a plea and conviction or take your chances with a jury. I usually advise clients that it is better to take your chances with a jury here in El Paso. Please contact a local attorney to discuss your case.

Please remember that this response was made generally to a general question posted on a web site. The advice was provided free of charge and is intended to provide guidance and encouragement for you to seek a practitioner in your local area. If you needed this assistance, that should show that the area of law you are researching is deep subject and open to possible multiple interpretations. Please go talk to a local attorney.


It is improbable that the DA's office will dismiss your case. What you are requesting it that the case be reduced to a Class B. The problem is that they have too much evidence to present and they are not just going to walk away from those type of facts; the admission and the test really hurt your case. If I were in your situation I would hire someone in the local area who is familiar with the local ranges of pleas/ punishments and get them to work out the best possible deal for you. Also, if you are convicted your license will probably be suspended as well so talk to them about getting an Occupational Driver's License. It's not the end of the world but most likely you will be placed on misdemeanor probation and have to take a bunch of classes.

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