If you are facing a DWI charge, you have a lot of things running through your mind. One such thought is probably how can a DWI case be dismissed. Considering how this conviction could impact your family and future, you may feel devastated and desperate for a solution. However, the best way to determine if the case against you has weak spots that could lead to dismissal is to consult with an experienced DWI attorney immediately.
Common Reasons a DWI Case Is Dismissed
Here are some of the most common reasons for a DWI case dismissal:
Lack of Probable Cause
If the police officer did not have a valid reason for stopping you or if they did not have probable cause to believe you were driving while intoxicated or under the influence, the case may be dismissed. It violates your rights for a police officer to pull you over or arrest you without a reasonable basis for them to believe you committed a crime. An attorney can help you analyze the details of your case to determine if there was a lack of probable cause that could lead to either evidence dismissal or case dismissal.
DWI Breathalyzer Errors
DWI breath tests are not always reliable. Several factors can interfere with the results to create a false positive. For example, medical conditions like diabetes, heartburn, or gastroesophageal reflux disease (GERD) can skew test results and show a higher blood alcohol content (BAC). Even a low-carb diet or residual alcohol from dental work can create a false positive on a breathalyzer.
Other issues with breath tests include:
- Device malfunction
- Improper device management and maintenance
- Failure to observe the individual before administering the breath test
Your attorney may be able to identify errors in the breathalyzer or administration. These errors can lead to a dismissal of the evidence and even your case.
Police Misconduct
Law enforcement officials have a responsibility to the public to follow specific procedures at all times. Suppose the police officer who arrested you acted improperly or engaged in misconduct during the arrest or investigation. In that case, your DWI attorney may be able to use the behavior as grounds for case dismissal.
A skilled attorney can use a line of questioning to pinpoint inconsistencies in testimony or prove you received unfair treatment during your detainment or arrest.
How to Secure Reliable Representation to Dismiss a DWI Case
While every case is different, and the specific circumstances of your case will determine whether or not it is likely to dismiss it, getting a qualified DWI attorney in your corner is your best option. As Houston’s trusted criminal defense law firm, Walker & Taylor, PLLC, can connect you with an experienced DWI attorney who will carefully assess your case to identify any weak spots that could lead to a dismissal.
How can a DWI case be dismissed? Contact Walker & Taylor, PLLC, to request a free case evaluation now. We can help you explore the top strategies for your case.