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What are the chances of getting a DWI dismissed?

San Antonio, TX |

I am 23 and just got my First DWI on Thursday. I did not take the breath test I was always told not to. I also do not have a Lawyer at this time. What are my chances of getting this dismissed or whats my best options at this time.

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Attorney answers 3


It is impossible to gauge the odds of a dismissal without more information. The result in any DWI cases depends on many factors (police report, video, your medical/criminal history, who the cop/ADA/judge is- to name a few). This is something to ask your defense lawyer.

What is your best option? You MUST contact an experienced local DWI lawyer immediately. You only have 15 days from the day of your arrest to request an ALR hearing. An ALR hearing is used to determine if your DL will be suspended.

Beyond that ALR hearings are crucial to the proper defense of a DWI case. At an ALR hearing I get to cross examine the arresting officer and get a head start on defending the case. My best results in DWI cases are almost always with cases that had an ALR hearing.


You need to find a qualified attorney as soon as possible. They can evaluate your case and give you your best options. You have 15 days to request an alr hearing for your drivers license.


Given the little amount of information that you've provided, it appears that the options for dismissal would be limited to whether or not the officer had lawful grounds to contact you in the first place and then lawful grounds to believe you were DWI.

An experienced DWI defense attorney can attack these issues.

I would say that the odds of you getting this case dismissed without the assistance of counsel are practically zero.

There are many qualifed attorneys listed on this website. Contact a few.

Best of luck.

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