Winning a DWI trial is hard, plain and simple; the state will throw everything that they have at you if you’ve been charged with DWI, and judges are not known for their leniency when it comes to drinking and driving.
A charge, however, is not a conviction. If you’ve been arrested and charged with DWI, the fight is not over. With the right attorney by your side, you can fight and win your DWI trial, securing either a dismissal or a Not Guilty verdict and protecting your future from the heavy penalties.
Mark Thiessen of Thiessen Law Firm has won thousands of cases for his clients facing criminal charges in Texas, including over 100 Not Guilty verdicts in DWI trials.
Keep reading to learn how we win DWI trials, or call the Houston DWI attorneys at Thiessen Law Firm today at (713) 864-9000 for a hard-fought defense.
DWI process in Texas
The DWI process begins the moment you are pulled over by the police under suspicion of DWI. Although all DWI cases have a lot in common, the unique circumstances of your case will determine what your process looks like. For instance, not all DWI cases go to trial, as your DWI lawyer may be able to secure you a dismissal or admission into a program without it.
- Traffic stop. The process starts with a traffic stop, where the officer must have reasonable suspicion to pull you over. This could be due to erratic driving, speeding, or a traffic violation.
- Blood or breath tests. We generally discourage people from refusing a breath test if they are arrested for DWI. The State will try to suspend your license for at least 180 days for a refusal, whereas you will only get 90 for a breath test failure. Additionally, the breath test machine (Intoxilyzer 5000) is a hunk of junk and breath test results are much less reliable than blood tests.
- Arrest and booking. If the officer has probable cause, you will be arrested and taken to jail for booking. During this process, your fingerprints and mugshot will be taken, and you may be held until you can post bail or are released on your own recognizance.
- Arraignment. The first DWI court appearance, also known as the arraignment, is when you will be formally charged with DWI. This is when you (or preferably, your attorney) will enter a plea of guilty, not guilty, or no contest.
- Pre-trial motions. Before trial, your attorney has an opportunity to suppress evidence, challenge the legality of the traffic stop, or argue that the BAC test results were incorrect in an effort to avoid trial entirely.
- Trial. If your case proceeds to trial, you better have a skilled DWI attorney in your corner who knows how to fight a DWI and win.
Continue reading: Is it better to refuse a breathalyzer?
How to beat your DWI: key pieces of evidence
Winning a DWI trial often revolves around your attorney’s ability to utilize key pieces of evidence. While this key evidence will depend entirely upon the circumstances of your case, there are some frequent offenders in this category, including:
Offense reports
The offense report is the report the arresting officer writes describing the arrest. Mark and his team will go through the report with you to determine the reasonable suspicion for why you were pulled over and analyze whether that reason is legal. They will then examine the probable cause for your arrest, which includes any Standard Field Sobriety Tests performed — by the way, you can refuse sobriety tests — and examine whether you have any medical conditions that could have affected your performance.
Video evidence
Smile! Most likely, you were arrested on camera, and the arresting officer must produce the videotape. The video will allow the Houston DWI lawyers at Thiessen to view your arrest and discuss your performance. In most cases, the jury will see the video. If there is no video, they will subpoena the arresting officer’s vehicle maintenance records to discover why there isn’t.
Blood and breath tests
Only about 5% of DWI defense attorneys can win a trial with a breath test admitted as evidence, and only about 1% can win a DWI trial hinging on a blood test.
If a breath test score is admitted as evidence at your DWI trial, Mark will explain to the jury all of the issues with the specific breathalyzer machine, many of which are outdated and in need of replacement. In the case of a blood test, he is one of a few DWI lawyers in Houston who understands and teaches the science of blood testing and where problems occur in the process. Remember that one percent statistic we quoted? Mark Thiessen has won numerous blood test trials where blood was introduced as evidence, and you can read about them in our DWI case results.
PSA: you’re actually facing two DWI cases
When you are arrested for a DWI in Harris County, you’re actually facing not one but two cases against you: the criminal case charging you with DWI and a civil case to suspend your driver’s license. It’s important to know you have just 15 days from the date of your DWI arrest to request an ALR hearing to prevent losing your driver’s license. This is another reason why it’s important for you to contact a qualified DWI defense attorney, like Mark Thiessen, as soon as possible after your arrest.
What happens in the first court date for DWI in Texas?
As mentioned earlier, the first court appearance after being charged with DWI is called arraignment, a critical step that will set the tone for your DWI case. The following things happen during your DWI first court appearance in Texas:
- Reading of charges. This is where you will be officially charged with DWI.
- Entering a plea. You will have the opportunity to plead guilty, not guilty, or no contest. We shouldn’t need to tell you this but do not plead guilty and expect mercy.
- Determination of bail. The judge will set your bail so that you can be released back into the world, although that world might be turned upside down by your DWI trial.
The first court date is often brief, but it is absolutely necessary that you have an experienced DWI attorney to attend it.
Is jail time mandatory for first DWI in Texas?
Generally, jail time is not mandatory for a first DWI in Texas, but there are circumstances in which you can end up having to do some time. The following circumstances will see your first-time DWI elevated above a Class B misdemeanor.
- Blood alcohol content over 0.15%
- DWI with a child passenger
- DWI in which an injury or death occurs, also called intoxication assault or intoxication manslaughter
Continue reading about aggravated DWI in Texas
How long does a DWI case take in Texas?
The length of DWI cases in Texas varies significantly based on the circumstances of your arrest. Generally, it will take around a month from the date of your arrest to be issued a court date for a misdemeanor and a few months to be issued a court date for a felony.
Your initial court date is only the first step in getting your DWI case resolved, and cases that go to trial can take years to finish up. The short answer is that a DWI case can take anywhere from a few months to a few years. We know that answer isn’t quite satisfying, but the most important piece of advice is this: however long your DWI case takes, those months will feel like hell without a skilled and trusted DWI attorney to guide you through them.
Chances of dismissal of DWI Texas
While no attorney can guarantee a DWI dismissal, Mark Thiessen has secured hundreds of dismissals for his clients accused of DWI in Texas, and your chances of getting a DWI dismissed are a lot higher with an attorney like that.
There are a few common ways in which DWIs are dismissed in Texas, including:
- Argue that the traffic stop was illegal.
- Contend that there is insufficient evidence.
- Expose issues with breathalyzer or blood tests.
- Check eligibility for a DWI dismissal program.
When you’re facing a DWI charge, nothing is certain. How you can beat it and best move on with your life will be something determined by individual circumstances and are things that only your DWI attorney will know.
Facing a DWI trial? The DWI attorneys at Thiessen Law Firm can help.
Don’t wait; DWI costs are too high to gamble your future on waiting and seeing. Your attorney is your lifeline, so make sure you get one who knows how to win a DWI trial in Texas.
If you or a loved one has been charged with a DWI offense in Houston, Mark Thiessen and the DWI attorneys at Thiessen Law Firm can help. Mark is a twelve-time Super Lawyer, an ACS-CHAL Forensic Lawyer-Scientist, and is the only lawyer in the world who is board-certified in:
- Criminal Law by the Texas Board of Legal Specialization
- DUI Defense by the National College for DUI Defense as approved through the American Bar Association
- DUI Law by the DUI Defense Lawyers Association
- Board Certified Advocate in Criminal Trial Law by the NBTA Foundation
If you have a DWI trial that you’ve got to win, you’ve got to call Mark Thiessen. Call us today at (713) 864-9000 or contact us online to ask for a free consultation.
More Helpful Articles by Thiessen Law Firm:
- Misdemeanors in Texas: When Small Charges Have Big Consequences
- Can You Get a DWI on Prescription Drugs?
- When Can Police Search Your Car in Texas?
- What Happens After Being Arrested for a DWI
- What Not To Do After a DWI Arrest
