A DWI (Driving While Intoxicated) arrest in Texas can feel like an impossible situation, but it’s important to remember—a charge is not a conviction. Many DWI cases are dismissed every year because of procedural errors, unreliable evidence, or violations of the defendant’s rights. The key is understanding how these cases work and what strategies experienced defense attorneys use to fight them. Whether it’s challenging a breath test, disputing the legality of a traffic stop, or questioning the evidence itself, there are proven ways to defend against a DWI. Here’s what you need to know if you’re hoping to get your DWI dismissed in Texas.

One of the most effective ways to fight a DWI is by questioning the legality of the initial stop. Under Texas law, officers must have reasonable suspicion that a crime or traffic violation occurred before pulling a driver over. If an attorney can prove that the officer lacked valid grounds—such as swerving without cause, a minor lane drift, or an assumption without evidence—the stop may be ruled unlawful, and all evidence gathered afterward can be suppressed. 

Even if the stop was valid, an arrest must be supported by probable cause. This means the officer must have had clear, factual reasons to believe the driver was intoxicated. Skilled defense attorneys can use inconsistencies in police reports, video footage, or officer testimony to argue that the arrest lacked proper justification—potentially leading to dismissal.

Breathalyzers and blood tests are often treated as definitive proof of intoxication, but they’re far from perfect. Machines must be regularly maintained, properly calibrated, and operated by certified personnel. Errors in any of these areas can invalidate test results. Similarly, blood samples must be handled according to strict procedures—improper storage, contamination, or delays can render them unreliable.

Field sobriety tests—such as walking in a straight line or balancing on one leg—are frequently used during DWI investigations. However, these tests are highly subjective and often affected by factors unrelated to alcohol, like fatigue, medical conditions, uneven terrain, or even poor footwear. An attorney can demonstrate that improper instructions, biased interpretation, or environmental conditions made the test results unreliable.

Your constitutional rights must be respected at every stage of a DWI investigation. If law enforcement failed to read your Miranda rights, conducted an unlawful search, or detained you for an excessive period, any resulting evidence may be inadmissible. Defense attorneys use these constitutional violations to file motions to suppress evidence—often resulting in partial or complete dismissal of the case.

In cases where dismissal isn’t possible, an experienced DWI lawyer can negotiate for reduced charges or deferred adjudication, which can help avoid a conviction on your record. Every case is unique, and with the right strategy, even a difficult case can lead to a favorable result.

A DWI charge doesn’t have to define your future. With over 40 years of experience, Hooton Law Center in Rockwall, Texas, has successfully defended clients facing DWI charges by uncovering errors, challenging evidence, and protecting their rights. Attorney Thomas Hooton combines deep legal knowledge with strategic defense tactics to pursue dismissals and reduced penalties whenever possible. If you’ve been arrested for DWI, don’t assume guilt—consult Hooton Law Center today for experienced guidance, aggressive representation, and a fighting chance at dismissal.