Can a DWI Charge Be Dropped in Texas What the Law Really Allows

A Texas DWI can be dropped when the State cannot prove guilt beyond a reasonable doubt or when a judge suppresses key evidence. Dismissal is possible but not automatic. Cases are usually dismissed because the stop or arrest was unlawful, the tests were unreliable, the sample handling was flawed, or the State cannot prove you operated a vehicle in a public place. The fastest way to protect yourself is to act on your driver’s license deadline and get a defense team that knows how to challenge each piece of evidence from the roadside through the lab.

Firm Accolades

D Magazine

DUIDLA-BadAss-Award

Deandra Grant - Best Lawyers 2026

What dropped means in a Texas DWI Can a DWI Charge Be Dropped in Texas What the Law Really Allows

People often use different words for similar outcomes. A dismissal ends the case with no conviction. A reduction changes the charge to a different offense when the facts support it. A suppression order throws out evidence so it cannot be used at trial. A not guilty verdict is an acquittal after a trial. Each outcome affects criminal records and license status in different ways. The best outcome depends on your facts, your history, and the strength of the evidence the State hopes to use.

When prosecutors dismiss DWI cases

Texas prosecutors dismiss when the evidence is thin or unreliable or when the court has ruled that important evidence is inadmissible. A traffic video that conflicts with the report can trigger dismissal talks. A poorly documented arrest can undercut probable cause. If the State loses the breath or blood number because of legal or scientific problems, the case may no longer be trial worthy. Dismissals also arise when the State cannot prove you were operating a motor vehicle in a public place at the time in question.

Problems with the stop or arrest

An officer needs reasonable suspicion to stop your car and probable cause to arrest you. When the video does not show the reported lane violations or when performance on roadside tasks looks normal, judges may question whether the stop or arrest met legal standards. If the stop was illegal, everything that followed can be suppressed. That includes field tests and chemical tests. Without those pieces the case often becomes difficult to prosecute.

Attorney Deandra Grant

Deandra M. Grant

Managing Partner

Douglas E. Huff

Partner & Criminal Division Chief

Johnny Lanzillo

Criminal Division Trial Chief

Kevin Sheneberger

Criminal Trial Division

Texas Attorney 
Omar Sherif

Omar Sherif

Criminal Trial Division

Texas Attorney James Lee Bright

James Lee Bright

Of Counsel

Problems with field sobriety testing

Standardized field sobriety tests must be explained, demonstrated, and scored in a very specific way. Uneven pavement, wind, rain, headlights, fatigue, footwear, or medical conditions can hurt performance even when a person is sober. When an officer fails to follow the instructions or misuses the scoring system, the reliability of the tests drops. If your case involves field testing, learn what can affect results by reviewing this guide from our team at https://www.texasdwisite.com/factors-that-affect-field-sobriety-tests/.

Problems with breath testing

Breath testing relies on proper maintenance, calibration, and observation. A machine that lacks current maintenance records may not produce trustworthy numbers. If the officer did not observe you for the full period required by policy, mouth alcohol from belching or reflux can inflate readings. People with GERD can show falsely high results. If the breath number is compromised, a judge can keep it from the jury. If you want to understand how refusals and consent play into breath testing, start here at https://www.texasdwisite.com/what-happens-if-i-refuse-to-take-a-breath-test/.

Problems with blood testing

Blood testing must follow strict procedures for collection, storage, and analysis. Vials require the correct preservatives and anticoagulants. Labels must be accurate and seals must be intact. Refrigeration matters. Chain of custody must account for the sample from the moment it was drawn to the time it was analyzed. Fermentation, contamination, or paperwork gaps can call a result into question. If the lab process breaks down, that number can be excluded. For a deeper look at blood evidence challenges, read https://www.texasdwisite.com/can-you-challenge-dwi-blood-test-results/.

Operation and public place proof

Texas law requires proof that you operated a motor vehicle in a public place while intoxicated. Parked car cases can be complicated. If no one saw the vehicle move and there is no reliable timeline, the State may not be able to show that you were operating at the relevant time. In some cases the alleged driver is found asleep or outside the vehicle. If the facts do not show operation in a public place, dismissal becomes more likely.

"Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant's reputation is stellar and now I know why. She has a team of individuals who provide quality service."

- N. Coulter

"Deandra Grant Law – Criminal & DWI Defense fights hard for their clients and is always willing to go above and beyond. They are the best firm for DWI cases in DFW and beyond. Definitely hire them to represent you in any pending cases."

- P. Williams

"Deandra Grant made a tough situation so much better. She listened to my concerns and helped me so much with my case. I would recommend her to anyone needing legal services."

- M. Haley

Implied consent mistakes that weaken a case

Texas implied consent law sets rules for testing after arrest. Officers must read warnings correctly and document refusals or obtain warrants where required. If those steps were not followed, breath or blood numbers may be suppressed. A clear overview of the Texas rules appears at https://www.texasdwisite.com/texas-implied-consent-law/ and at https://www.texasdwisite.com/implied-consent-law-what-it-means-for-dwi-cases-in-texas/.

The ALR hearing matters more than most people realize

After a DWI arrest, the Texas Department of Public Safety attempts to suspend your driver’s license. You have a short window to request an Administrative License Revocation hearing. The ALR process is a chance to keep your license and a chance to collect evidence that can later help the criminal case. Officers can be subpoenaed to testify. Maintenance records and videos can be obtained. In many dismissals the ALR record becomes a key piece of the defense file. A plain language guide to the process is here at https://www.texasdwisite.com/what-happens-at-an-alr-hearing-in-a-texas-dwi-case/ and the overview of license consequences is here at https://www.texasdwisite.com/drivers-license-consequences-for-a-dwi-in-texas/.

Pretrial diversion and charge reductions

Opportunities differ by county and by facts. Across Dallas County, Tarrant County, Denton County, Collin County, Travis County, and nearby courts, prosecutors may consider reductions when there are serious proof problems, when there was no crash or injury, and when the person has little or no criminal history. A reduction is not a dismissal, but it can soften the long term consequences. Your attorney’s credibility, local experience, and preparation all influence these outcomes.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

How to strengthen your chances right now

Move fast on your license. Request the ALR hearing before the deadline expires. Preserve evidence. Video from dashcams and bodycams, jail footage, dispatch audio, and lab records can vanish if not requested. Follow a plan based on your facts. A focused defense might include a scene visit, a timeline of alcohol consumption and absorption, an expert review of the breath device, and subpoenas for complete lab data. If your case has unique medical issues or prescription medications, document them and share them with your lawyer. Responsible choices in the weeks after arrest also help. Stay in compliance with bond conditions and court dates. If your attorney suggests classes or treatment, complete them and keep proof.

Common myths that can hurt your case

Some people believe that a refusal means no evidence exists. In reality, officers often obtain a warrant and a blood draw. Others believe that a first arrest will always be dismissed. Texas prosecutors treat impaired driving seriously, even for first timers. Friends may say that everyone fails field tests, so the tests do not count. Judges and juries look at the total picture, which includes how the tests were given and how the person actually looked on video. Rely on facts and law, not internet myths.

Local realities across North Texas and Central Texas

Roadside scenes around Dallas, Denton, Fort Worth, Allen, Rockwall, and Austin vary from busy urban interstates to winding neighborhood streets. Lighting, weather, and traffic patterns at the scene can affect how a person appears on video. A short clip filmed on rough pavement at night can look very different from how a sober person would appear in a controlled setting. Local experience helps a defense team anticipate how a specific court expects field testing to be done and how local labs handle blood evidence. Deandra Grant Law appears in these courts daily. The team knows the procedures and the people who run them.

What a defense team actually does to pursue dismissal

The work begins with a detailed review of the stop and arrest. Written reports are compared to video and audio. The timeline between driving, the stop, and any test is mapped out to evaluate a rising alcohol argument. Breath device records are reviewed to confirm maintenance and calibration. Blood cases are checked for preservatives, storage, and chain of custody. Warrants are studied for accuracy and specificity. If legal or scientific problems exist, motions to suppress are filed. Many dismissals follow a successful motion. Others follow negotiations in which the defense shows the State why the case is unlikely to win at trial. For a straightforward look at proven approaches, see this resource at https://www.texasdwisite.com/5-dwi-defense-strategies-in-texas-you-need-to-know/.

When trial makes sense

A trial is a strategic decision that depends on risk, evidence strength, and personal priorities. If the State lacks the chemical test or if the video does not match the officer’s claims, a jury may find reasonable doubt. If a pretrial ruling has suppressed important evidence, the State may proceed anyway, but the defense may decide that a trial is the best path to a clean result. The choice should be grounded in a realistic assessment of proof and outcomes in the local courthouse.

How Deandra Grant Law helps

Deandra Grant Law is built around Texas DWI defense. The team handles both the ALR process and the criminal case from start to finish. Clients benefit from deep knowledge of breath and blood science and from courtroom experience across the Dallas area and Central Texas. The firm’s offices in Dallas, Allen, Austin, Denton, Fort Worth, Rockwall, and Waco position the team close to the courts that decide these cases. If you want to know whether your case can be dropped, you can talk with a lawyer who will analyze your facts, explain your options, and outline a plan. If you prefer to begin online, you can reach the team at https://www.texasdwisite.com/contact-us/.

Call to talk through your options

If you were arrested for DWI and want to understand whether dismissal is realistic for your facts, contact Deandra Grant Law. A short conversation can help you protect your license, preserve evidence, and choose a strategy that fits your goals.