Three Ways a DWI Could Be Dismissed in Texas
In Texas, like most states, the DA does not like to dismiss DWI cases. However, it does happen. This guide aims to provide a very brief summary of the three dismissal scenarios.
An Unconstitutional Police StopTo conduct a traffic stop, a police officer needs a legal reason for doing so. Usually, an officer needs probable cause that a specific traffic offense has occurred. If your defense lawyer successfully challenges the validity of the police stop, all evidence of your intoxication gained after the stop, such as field tests, blood tests, and so on, cannot be used against you (With some rare exceptions). Without this evidence, the DA will usually be forced to dismiss the case.
Credibility of an Important State WitnessIf the credibility of an important state witness is called into serious question, or has been in the past, the DA may dismiss your case. If one of DA's key witnesses against you--a policeman or blood draw nurse for example--has proven themselves to be dishonest in the past, the DA may not want to sponsor their testimony in the interest of justice. If that witness is needed to prove their case, the DA will often dismiss the case rather than put that witness on the stand.
Unreliable Forensic EvidenceIn the 21st century world of DWI cases, scientific forensic evidence usually plays an important role. This evidence is usually in the form of a breath or blood test. Sometimes, in a pre-trial hearing, a defense lawyer can successfully challenge the reliability of your breath/blood test. This is usually done by pointing out faults in the equipment or procedure used in your test. The judge can then determine that the scientific evidence is inadmissible. Without this evidence, the DA may feel it necessary to dismiss your case. Successfully keeping out blood/breath tests in this manner is rare, but more and more, savvy defense lawyers have begun to get dismissals this way.