Can My DWI Be Reduced or Dismissed in Texas?

 Posted on February 11, 2026 in Criminal Defense

In some cases, a DWI charge in Texas can be reduced or even dismissed. However, this usually depends on the strength of the evidence, how the arrest was handled, and whether your rights were protected. Prosecutors often pursue these cases aggressively as we move through 2026, but Morales Law Office, Attorneys at Law, PLLC. can help you build a strong defense.

If you were arrested, speaking with a Midland, TX DWI defense lawyer can help you understand your options and what steps may improve the outcome of your case.

Can a DWI Charge Actually Be Reduced or Dismissed?

It is possible for a DWI charge to be reduced or dismissed, but it is never automatic. Prosecutors must prove guilt beyond a reasonable doubt. This is the highest standard in criminal law. If the evidence is weak or there were mistakes in the arrest, your attorney may be able to challenge the case.

Some charges are reduced to lesser offenses, such as obstruction of a roadway. Others may be dismissed if key evidence cannot be used in court. Every case depends on its specific facts.

What Texas Laws Apply to DWI Charges?

Under Texas Penal Code § 49.04, a person commits DWI if they operate a motor vehicle while intoxicated. That generally means losing normal mental or physical abilities due to alcohol or drugs. Having a blood alcohol concentration of 0.08 or higher creates a legal presumption of intoxication and can result in a DWI.

Penalties vary based on the situation. A first offense is usually a misdemeanor, but it can still carry jail time, fines, and license suspension. Repeat offenses or cases involving injuries can quickly become felonies.

Texas also enforces implied consent laws through Transportation Code § 724.011. By driving on Texas roads, you are considered to have agreed to breath or blood testing if an officer has probable cause. Refusing a test can lead to an automatic license suspension.

What Factors Could Lead to a Reduction or Dismissal in a DWI Case?

Several legal issues can weaken the prosecution’s case. When problems appear early, they may create opportunities for negotiation or dismissal.

Common factors include:

• Lack of probable cause for the traffic stop
• Inaccurate or poorly administered field sobriety tests
• Breathalyzer devices that were not properly maintained
• Errors in blood sample collection or storage
• Missing video evidence from the stop

Even small mistakes can matter because the court expects law enforcement to follow strict procedures.

How Can Procedural Errors Help Your Defense in a DWI Case?

Police officers must respect constitutional protections during a stop and arrest. If they fail to do so, a judge may exclude certain evidence. This is often called suppression.

For example, if an officer stopped you without a valid reason, the entire case could be affected. Without strong evidence, prosecutors sometimes decide not to move forward.

Challenging the evidence does not erase the arrest, but it can greatly influence what happens next.

What Should You Do Immediately After a DWI Arrest in Texas?

The hours and days after an arrest are important. Acting quickly can help protect your driving privileges and strengthen your defense.

You can take several helpful steps right away:

• Request an Administrative License Revocation hearing within 15 days to challenge a possible license suspension.
• Write down everything you remember about the stop, including what the officer said and did.
• Preserve receipts, messages, or other evidence that may support your timeline.
• Avoid discussing the incident on social media.
• Follow all court instructions carefully.

Early preparation often gives your defense team more opportunities to identify problems with the case.

How Can a DWI Defense Lawyer Help Strengthen Your Case?

A DWI charge can involve detailed evidence, strict deadlines, and serious penalties. Having legal guidance early in the process can help you better understand what you are facing and what options may be available.

A defense lawyer will closely review the circumstances of the traffic stop, the accuracy of any chemical testing, and whether law enforcement followed required procedures. If problems are discovered, your attorney can challenge the evidence or raise those issues in negotiations with prosecutors. Legal counsel can also explain potential outcomes so you are not left guessing about what comes next.

Schedule a Free Consultation With Our Austin, TX DWI Defense Attorneys

At Morales Law Office, Attorneys at Law, PLLC., you can work with attorneys who understand how much is at stake and are prepared to protect your rights. We take the time to evaluate each case carefully and pursue the strongest path forward based on the facts.

Call 512-474-2222 to schedule a free consultation with our Midland, TX DWI defense lawyers today. Hablamos Español.