It shouldn’t surprise you that DWI charges are serious offenses that can lead to serious consequences. Most people know that getting a DWI, even if you aren’t required to do any jail time, will certainly change your life for the worse — but what they may not know is that you can fight back.
Hiring a Houston DWI lawyer who can build you a winning DWI defense is your best shot at walking away from your DWI with your freedoms intact. While your charge may seem insurmountable, you need to remember that a charge is not a conviction. As long as your case has not been concluded, you still have hope to fight back and protect yourself against the harsh penalties that often accompany DWIs.
In this article, triple board-certified Houston DWI lawyer Mark Thiessen will discuss how he builds iron DWI defenses. Some of the ways in which Mark wins DWI cases for his clients include the following:
- Challenging the legality of the traffic stop
- Challenging the accuracy of the sobriety tests
- Exposing flaws in the science or methodology of blood alcohol tests
- Pointing out improper police procedure
- Illuminating violations of your rights
Keep reading to find out more about how to beat a DWI in Texas, or call Thiessen Law Firm at (713) 864-9000 today for aggressive, experienced defense.
What is the best outcome for a DWI?
The best outcome for your DWI charge will depend on the specifics of your case and your criminal history; sometimes, the best thing that you can hope for is a Not Guilty verdict, while other times, you’ll be lucky to get a reduction of charges. Your attorney should always approach your case looking to get charges dismissed or dropped, but getting you out of serving jail time can sometimes be just as big a win.
The best outcomes for DWI cases in Texas include the following:
- Dismissed or dropped charges. Dismissals or drops mean that the state cannot bring a case against you, and there will, therefore, be no charges on your record.
- A Not Guilty verdict. Being found not guilty means that you were fully acquitted* after trial.
- Deferred adjudication or probation. In some cases, particularly cases for first-offense DWIs, the court will offer deferred adjudication, allowing the defendant to avoid jail time and get the charges dismissed after fulfilling specific requirements.
- Reduction of charges or punishments. Plea bargaining is sometimes necessary to get charges reduced to cause less harm to defendants who would otherwise be convicted of more serious crimes.
Like we said, dismissal is not always possible. Sometimes, you’ll have to go to a DWI trial in order to prove that you are Not Guilty, and sometimes, you’ll be lucky to get a reduction in your charges. Whatever the case, you should hire the best DWI lawyer in Houston that you possibly can, because your chances of getting the best outcome for your case will only go up.
*Continue reading: What does acquitted mean?
Can you get a DWI dismissed in Texas?
Yes. While the chances of dismissal of DWI Texas charges are pretty slim, you can get your DWI dismissed in Texas — if you hire the right attorney. Some tactics your attorney may use to win your DWI case and secure you a dismissal include:
- Arguing illegal traffic stops
- Arguing that your rights were infringed upon
- Showing inaccuracies in the sobriety or blood alcohol testing procedures
- Exposing violations of your rights
- Illustrating the state’s lack of evidence and, therefore, inability to successfully bring forth a conviction
We’ll discuss some of the specifics of these defenses in a bit, but usually, a dismissal requires one of the above.
Houston DWI lawyer cost and fees
Instead of talking about how much a Houston DWI lawyer costs, let’s talk about how much a DWI conviction can cost you. You’ll soon see that even the most expensive DWI lawyer will cost you a lot less.
| Offense | Maximum criminal fine | Annual DOT fee | Total DOT fee |
| DWI first offense | $2,000 | $1,000 | $3,000 |
| DWI second offense | $4,000 | $1,500 | $4,500 |
| DWI third offense | $10,000 | $2,000 | $6,000 |
| DWI with over 0.15 blood alcohol content in Texas | $10,000 | $2,000 | $6,000 |
| DWI with a child passenger | $10,000 | $2,000 | $6,000 |
| Intoxication assault or intoxication manslaughter | $10,000 | $2,000 | $6,000 |
The above are just the criminal and Department of Transportation fines. In addition to these costs, you’ll also be facing:
- Fines, surcharges, court costs, and lawyer fees
- Bail bonds
- License reinstatement fees
- SCRAM device (ankle monitor) costs
- SR-22 costs
- Auto insurance premium hikes
- Cost of vehicle impound and towing
These are only the monetary costs of a DWI conviction, not to mention the possible jail time, lost rights, and irreparable damage to your family and reputation that getting a DWI can cause.
Continue reading: How much does a Houston DWI lawyer cost?
Penalties for convictions for DWI in Texas
DWI penalties in Texas are always severe, and they only get more severe with each repeated offense.
| Offense | Charge | Maximum fine | Jail time |
| First offense DWI | Class B misdemeanor | $2,000 | 3 – 180 days |
| Second offense DWI | Class A misdemeanor | $4,000 | 180 days – 2 years |
| Subsequent DWI offenses | Third-degree felony | $10,000 | 2 years – 10 years |
| DWI with a child passenger | State jail felony | $10,000 | 180 days – 2 years |
| Intoxication assault | Third-degree felony | $10,000 | 2 years – 10 years |
| Intoxication manslaughter | Second-degree felony | $10,000 | 2 years – 20 years |
Additionally, DWI convictions in Texas are permanent. If you’re a first-time defender, you may be able to secure deferred adjudication, but for any DWI case that you don’t win, it will be on your record for the rest of your life. If the charge is for felony DWI, it may be that you’ll never have an easy time finding a job, or housing, ever again.
Now that we’ve spent all this time discussing why you need a solid DWI defense, it’s time to get into how your attorney will help build you that defense.
How do I win a DWI case in Texas?
What is the best defense against a DWI? The best defense for a DWI will depend on the individual circumstances of your case, and all of them will require an experienced DWI lawyer to execute. Some of the most common ways that DWI cases in Texas are won include the following:
- The traffic stop was illegal. If police officers lacked probable cause or reasonable suspicion to stop and arrest you in the first place, evidence obtained during that arrest could be deemed inadmissible in court.
- The blood alcohol tests were administered incorrectly. You would be surprised how often this happens, but often goes unnoticed. To be able to question the validity of blood and breath tests your attorney will need to be familiar with the science of toxicology, and not many are.*
- The police broke procedure or didn’t follow protocol. Stopping you, arresting you, and obtaining evidence of the arrest’s legality need to be done in very specific ways in order to be considered legal by the state. If the police slipped up, you could be in luck.
- The state doesn’t have enough evidence. The burden of proof is on the state of Texas. If they don’t have enough evidence that holds up under serious scrutiny, they could have arrested a person they cannot prove was breaking the law.
The circumstances of your case will dictate how your attorney approaches your defense, but know this: without a skilled DWI attorney, you won’t have a DWI defense to speak of and will likely be at the mercy of the criminal justice system.
*Mark Thiessen is an ACS-CHAL Lawyer-Scientist, the highest designation given to lawyers by the American Chemical Society.
Need a winning DWI defense? Call Thiessen Law Firm today.
In order to build a DWI defense that can stand up to aggressive prosecution, your Houston DWI lawyer will have to challenge evidence, painstakingly check the details of the police report, and make sure that the officers who arrested you minded their P’s and Q’s. If they didn’t, it could mean that the state will be unable to convict you and that your DWI case will soon be a thing of the past — but only if you hire a qualified lawyer to defend you.
Mark Thiessen and the DWI attorneys at the Thiessen Law Firm have made their name on taking difficult DWI cases and winning them for their clients. It’s safe to say that if Mark can’t win your DWI case, there’s likely nobody who can.
Call Mark Thiessen and the Thiessen Law Firm today at (713) 864-9000 or contact us online to begin building your defense.
More Helpful Articles by Thiessen Law Firm:
- Refusing a Breathalyzer in Texas: Why “Do Not Blow” is Bad Advice
- When Can Police Search Your Car in Texas?
- What Happens After Being Arrested for a DWI
- What Not To Do After a DWI Arrest
- Can a Breathalyzer Test Be Wrong?
