Getting slapped with a DWI in Texas can feel like the end of the world. The flashing lights in your rearview, the awkward field sobriety tests on the side of the road, the trip downtown — it’s all terrifying. And for good reason! Texas doesn’t mess around with DWI charges. But here’s the good news: a DWI charge isn’t the same as a DWI conviction, and with the right strategy, you can fight back and win.
At Thiessen Law Firm, we know how to fight and win DWI cases in Texas. We’ve helped thousands of Texans beat their DWI charges, and we’re here to share the insider tips and strategies that actually work in Texas courts. Keep reading to learn how to fight a DWI in Texas, or if you’re facing charges, call Thiessen Law Firm at (713) 864-9000 for defense that delivers.
Can you get a DWI dismissed in Texas?
The short answer: absolutely. DWI charges get dismissed in Texas all the time and for a variety of reasons. Maybe the traffic stop was illegal, the field sobriety tests were administered incorrectly, or the breathalyzer machine wasn’t properly calibrated. Maybe there were chain of custody issues with your blood test or the officer didn’t have probable cause to arrest you in the first place. You’ll never know until your attorney gets started on your defense.
The fact is, there are dozens of ways to attack a DWI charge, and a good lawyer knows them all. At Thiessen Law Firm, we’ve secured over 100 Not Guilty verdicts and thousands of dismissals for our clients. The state has to prove its case beyond a reasonable doubt, and we’re experts at creating that doubt.
But it’s not all in the hands of your lawyer. The truth is that fighting a DWI starts long before you hire a DWI attorney. It begins the moment those lights start flashing behind you.
How to help your DWI case during the traffic stop
What you do and say during a traffic stop can make or break your DWI case. Here’s what you need to know:
Blow, don’t bleed
Despite what those ads in the bathroom stall say, “Do Not Blow” is terrible advice. If you refuse a breathalyzer in Texas, you’re almost guaranteeing that the police will get a warrant for your blood — and blood tests are significantly more accurate than breath tests.
Why is that a bad thing? Because breath tests are notoriously flawed. The Intoxilyzer 9000 (yes, that’s really what they call it) can give false positives for all sorts of reasons: diabetes, low-carb diets, certain medications, or simply being miscalibrated. These flaws give your lawyer room to create reasonable doubt and more of a chance for you to win your case.
Additionally, blood tests don’t just measure alcohol — they can detect drugs and medications too. Even if your BAC comes back under 0.08, they might detect prescription medications or something you were smoking earlier that would land you with a DWI charge, while the breathalyzer test might have had you home free.
The one exception? Let’s say hypothetically that a driver thought their BAC might be 0.15% or higher (nearly twice the legal limit), refusing might then hypothetically buy them time to metabolize some of that alcohol before their blood was drawn, and potentially help them avoid enhanced penalties.
Be on your absolute best behavior
Remember: you’re on camera. From the moment those squad car lights go on, everything you do and say is being recorded. The dashcam is rolling, the officer’s body cam is on, and it’s all going to be played back in court.
Being combative, argumentative, or disrespectful will only hurt your case. Be polite, follow reasonable instructions, and show the officer (and eventually the jury) that you’re a decent person who deserves the benefit of the doubt.
Keep your mouth shut
The less you say, the better. Don’t volunteer information, don’t explain where you’re coming from or how much you’ve had to drink, and for the love of all things holy, don’t try to talk your way out of it.
You do have to answer questions about your own identification. If the officer asks you what your name is, don’t invoke your right to remain silent, just tell them your name. Simple, respectful responses like “I understand, officer” and “I’m not comfortable answering questions without an attorney present” are your best friends.
Know your rights
Beyond your right to remain silent, you have other rights. At the same time, there are things that you are required by law to do during a pullover. Knowing these rights can help you in court, and simultaneously, refusing to do certain things that you’re not allowed to refuse can hurt you in court.
You have the right to:
- Refuse field sobriety tests (and you should — they’re designed for failure)
- Refuse to answer incriminating questions
- Request an attorney
- Record the interaction (though we don’t always recommend this)
Understanding your rights during a traffic stop is essential to setting up your attorney for a successful defense. Especially because if the officer violates these rights, it could lead to evidence being thrown out and your case being dismissed.
Continue reading about your rights during a traffic stop:
What is the best defense against a DWI?
While every DWI case is unique, there are a few common strategies that your Houston DWI attorney may use to come to your defense.
The weaknesses of standardized field sobriety tests
Field sobriety tests are pseudoscientific garbage, plain and simple. The horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test are all deeply flawed and difficult to pass even when you’re stone-cold sober.
A good DWI attorney knows the weaknesses of these tests, as well as how to explain them to a judge or jury:
- They don’t account for medical conditions or physical limitations
- Environmental factors like weather, uneven surfaces, and bright lights often affect performance
- Officers often administer them incorrectly
- The scoring is entirely subjective
These tests were developed with your failure in mind, and should themselves never satisfy the necessarily high burden of proof in DWI cases. Attacking these tests and showing how unreliable they are is a cornerstone of successful DWI defense.
Use video evidence and police reports
Video evidence can be your best friend or worst enemy in a DWI case. If the video shows you performing well on tests, speaking clearly, or walking normally, it can contradict the officer’s claims that you were intoxicated.
Similarly, police reports often contain inconsistencies or errors that a skilled attorney can exploit. Maybe the officer claimed you were swerving, but the dashcam shows you driving perfectly straight. Maybe they said your speech was slurred, but you sound perfectly normal on the bodycam footage.
These inconsistencies create reasonable doubt — exactly what your attorney needs to beat a DWI charge. Make sure you’re on your best behavior from minute one, and you may make their job a lot easier.
Challenge the breathalyzer test and blood test results
Breathalyzers and blood tests aren’t infallible. In fact, they’re far from it. Challenging the accuracy and reliability of these blood alcohol tests is an essential defense strategy for winning DWI lawyers.
For breathalyzers, your attorney might challenge:
- The calibration and maintenance records of the device
- The officer’s training and certification to operate the device
- The 15-minute observation period before the test
- The presence of mouth alcohol or other substances that could skew results
For blood tests, potential challenges include:
- Chain of custody issues (was your sample properly tracked?)
- Improper storage (blood samples can ferment if stored incorrectly)
- Contamination issues
- Qualifications of the person who drew or tested the blood
These scientific challenges require an attorney who understands the science, not just the law, and Mark Thiessen is an ACS-CHAL Lawyer-Scientist, the highest honor awarded to attorneys by the American Chemical Society.
Hire a specialist for your DWI case
This might be the most important tip of all: hire an attorney who specializes in DWI defense. Not just any criminal defense attorney — a DWI specialist.
Why? Because DWI cases are incredibly complex. They involve science, medicine, and specialized knowledge that general practitioners simply don’t have. An attorney who handles divorces, wills, and the occasional DWI isn’t equipped to take on the scientific and procedural challenges of these cases. You need someone who lives and breathes DWI.
Look for an attorney who is board-certified in DWI defense and has a proven track record of success in DWI cases specifically — or you can go a step further and call Mark Thiessen, the current DWI Committee co-chair of the Texas Criminal Defense Lawyers Association and Charter Member, Treasurer, and Director for the DUI Defense Lawyers Association.
What can a DWI be reduced to?
If dismissal isn’t possible, your next best option is getting your DWI reduced to a lesser charge. This is still tough to do, but a good DWI attorney will examine every option possible for your case. Common reductions include:
- Obstruction of a highway, which is usually a Class B misdemeanor that doesn’t carry the same stigma or penalties as a DWI.
- Reckless driving, which is generally a Class B misdemeanor with less severe consequences.
- Public intoxication, charged as a Class C misdemeanor and essentially the equivalent of a traffic ticket.
These reductions can save you from the worst DWI penalties and keep a DWI off your record. Like we said, getting these reductions isn’t easy — it often takes an experienced attorney with excellent, long-standing relationships with the prosecutors to secure them.
How to fight a DWI without a lawyer?
We need to be straight with you: fighting a DWI without a lawyer is like performing surgery on yourself. It’s technically possible, but the odds of success are abysmal, and you’ll probably make things much worse.
DWI law is complex, the science is complicated, and the prosecutors know all the tricks. They’re counting on you not understanding the system or your rights. The bottom line is this: the best thing you can do for your future is hire the best DWI lawyer Houston has to offer.
Thiessen Law Firm wrote the book on how to fight a DWI in Texas
At Thiessen Law Firm, we made our name on fighting complex DWI charges and winning them for our clients in dire circumstances. We’ve secured over 100 Not Guilty verdicts and thousands of dismissals for clients facing DWI charges. Whether you’re facing a DWI first offense or a charge for intoxication manslaughter, if you’re facing charges and wondering how to fight a DWI in Texas, Thiessen Law Firm will know what to do.
We understand the science, we know the law, and we’re not afraid to take your case all the way to trial if that’s what it takes to get you the best outcome. If you or a loved one is facing DWI charges in Texas, don’t roll the dice with your future. Call Thiessen Law Firm today at (713) 864-9000 or contact us online and ask us to fight.
More Helpful Articles by Thiessen Law Firm:
- Can You Get a DWI for Weed in Texas?
- How to Avoid Administrative License Revocation
- What Happens at an ALR Hearing in Texas?
- What Does Intoxicated Mean for a DWI?
- DWI with CDL: Can I get a CDL with a DWI?
