Can a DWI Lawyer Get Your DWI Charges Reduced or Dismissed in Dallas, Texas?
Yes. In many cases, an experienced Texas DWI lawyer can get your charges reduced or dismissed. It depends on the facts of your arrest, what the evidence actually shows, and whether your attorney knows where to look for problems in the prosecution’s case.
If you were arrested for DWI in Dallas or anywhere in the North Texas area, you are probably scared about what comes next. That reaction is normal. But an arrest is not a conviction. The state has to prove its case beyond a reasonable doubt, and the evidence in DWI cases is more fragile than most people expect.
At Abrams Trial Law, our experienced Dallas DWI lawyers aggressively fight DWI charges throughout:
- Dallas County
- Collin County
- Denton County
- Tarrant County
Warren Abrams is a former Chief Prosecutor with the Dallas County District Attorney’s Office. Joshua Abrams is a former Chief Prosecutor who supervised and trained the assistant DAs who try DWI cases today. That background matters when we sit across the table from the prosecution.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is different.
What to Do in the Next 24 Hours After a DWI Arrest
People who call us quickly are generally in a stronger position than those who wait. Here is what to do right now:
- Do not talk to police without your attorney present. Anything you say can and will be used against you.
- Write down everything you remember about the stop. Where you were, what the officer said, how the tests were conducted. Memory fades fast.
- Mark your calendar. You have exactly 15 days from your arrest to request a hearing to save your driver’s license. Miss it and the suspension is automatic.
- Call a DWI attorney today. The sooner we start, the sooner we can secure dashcam footage, body cam video, and lab records before they become unavailable.
What Does a Dismissal or Reduction Actually Mean?
A DWI dismissal in Texas means the court has officially dropped all charges and you will not have a conviction on your record. A reduction means the DWI charge gets negotiated down to a lesser offense — like Obstruction of a Highway — which does not appear on your record as a DWI conviction.
Neither one happens on its own. Both require an attorney who goes through the evidence piece by piece.
How Do We Challenge a Texas DWI Case?
Our team reviews the traffic stop, the testing, the police reports, and the video, looking for anything that creates a problem for the prosecution. Here is what we look for:
Was the traffic stop legal?
Officers need a specific, articulable reason to pull your vehicle over. If they stopped you without one, any evidence collected after that stop, including breath or blood test results, may be thrown out entirely under the Texas exclusionary rule (Code of Criminal Procedure, Art. 38.23). We have seen this come up for clients pulled over in Irving, Garland, and Grand Prairie. Our Dallas criminal defense team knows how to challenge unlawful stops at the suppression hearing level.
Were the Standardized Field Sobriety Tests (SFSTs) done correctly?
The walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests are only considered reliable under the conditions NHTSA’s standardized guidelines require. Uneven pavement, poor lighting, a medical condition, or plain anxiety can cause a sober person to fail any of them. When an officer skips a step or misapplies the test, those results are fair game for challenge.
Was the breathalyzer working properly?
Breathalyzers need regular calibration and proper maintenance, and the officer must follow a specific testing protocol in compliance with Texas Department of Public Safety (DPS) regulations. If the machine used during your stop was not properly maintained or the officer did not follow correct procedure, those results can be challenged.
Are the blood test results actually reliable?
Blood draw cases get scrutinized closely. We look at who drew the blood, how it was stored, how it moved through the lab, and whether the chain-of-custody holds up. Beyond the paperwork, we look at the science: gas chromatography errors, sample fermentation inside the vial, and improper preservative ratios can all produce a falsely elevated BAC reading. These are real laboratory failures that happen more than prosecutors like to admit. Any gap in the chain or deviation from accepted forensic procedure puts the reliability of your BAC number in serious doubt.
Do the police records match the video?
Body cam footage, dash cam footage, and police reports sometimes tell different versions of the same stop. When they contradict each other, that creates reasonable doubt. We go through all three.
Were your constitutional rights respected?
Fourth Amendment violations during a search, or failure to advise you of your Fifth Amendment rights at the right time during detention, can affect what evidence the prosecution is allowed to use at trial.
What Happens If Your BAC Was .15 or Higher?
Under Texas Penal Code §49.04(d), a BAC of .15 or higher automatically upgrades a first DWI from a Class B misdemeanor to a Class A misdemeanor, meaning up to one year in county jail and fines up to $4,000, compared to a 180-day maximum for a standard first offense. It also disqualifies you from deferred adjudication and makes prosecutors far less willing to offer a reduction to Obstruction of a Highway.
That does not mean the case is unwinnable. It means the fight shifts to the science. When a .15 result is driving the enhancement, we go straight at the blood or breath evidence, challenging the gas chromatography process, the lab’s handling procedures, the qualifications of the analyst, and whether the sample was contaminated or fermented before testing. A BAC result is only as reliable as the process that produced it, and those processes have real vulnerabilities.
Can a DWI Be Reduced or Dismissed Entirely?
The following are some methods we look into.
Obstruction of a Highway
One of the more common outcomes in North Texas DWI cases is a reduction to Obstruction of a Highway, which is a Class B misdemeanor that does not carry DWI penalties and does not appear on your record as a DWI conviction. For eligible clients this outcome protects both your record and your insurance rates going forward. To qualify, you typically need to be a first-time offender with a BAC under .15, and the arrest cannot involve an accident or injuries.
Worth knowing: even after a reduction to Obstruction of a Highway, the underlying DWI arrest still appears on your record unless you later pursue expunction or a Petition for Nondisclosure. An attorney can explain which path is available to you once your case resolves.
Deferred Adjudication
Since September 2019, first-time DWI offenders in Texas can qualify for deferred adjudication under Texas Code of Criminal Procedure Art. 42A.102(b). A judge defers the finding of guilt while you complete a period of community supervision. Complete all the terms and the case is dismissed with no conviction on your record.
The value goes further than just dismissal. After completing deferred adjudication for a DWI, you may be eligible to file a Petition for Nondisclosure under Texas Government Code §411.0731, which seals the record from public view. The standard waiting period is two years from dismissal if you had a Breath Alcohol Ignition Interlock Device (IID) installed for at least six months, or five years without one. The judge has discretion, and the petition must be filed correctly, but for eligible clients, this means the arrest effectively disappears from background checks.
Deferred adjudication is not available if your BAC tested at .15 or higher, or if you held a commercial driver’s license at the time of arrest.
Pretrial Diversion
Some Dallas-area counties offer pretrial diversion programs for first-time offenders. If you complete the required conditions (usually alcohol education, community service, and supervised compliance) the charge gets dismissed entirely.
Expunction vs. Nondisclosure: What Is the Difference?
Clients often hear both terms and are not sure which one applies to them. Here is a plain-language breakdown:
- Dismissed or Not Guilty verdict: You may be eligible for Expunction. The arrest record is destroyed entirely and you can legally deny it ever happened.
- Deferred Adjudication (completed successfully): You may be eligible for a Petition for Nondisclosure. The record is sealed from public view, but law enforcement can still access it.
Expunction is the better outcome of the two. Nondisclosure is still a significant win, especially for clients who want to pass employer background checks. Which one you can pursue depends entirely on how your case was resolved. To learn more about clearing your record after a Texas DWI, see our guide on DWI expungement in Texas.
What Cases Does Abrams Trial Law Handle?
We handle the full range of DWI charges throughout North Texas:
- First-Offense DWI
- DWI with BAC of .15 or Higher
- Felony DWI
- Repeat DWI Charges
- DWI Blood Draw Cases
- License Suspension — ALR Hearings
- Occupational Driver’s Licenses
If you are dealing with a first offense DWI in Texas, the choices you make in the first few days carry real weight. Do not sit on it. If this is not your first arrest, our team also handles DWI second offense cases in Texas where the stakes are considerably higher.
Why a DWI Conviction Follows You
People sometimes treat a DWI as a short-term problem. It is not. A conviction can affect:
- Your driver’s license
- Your criminal record
- Your employment opportunities
- Your insurance rates
- Your future
These are common outcomes our clients come to us trying to avoid. The sooner you have an attorney working on your case, the sooner your defense actually begins.
The 15-Day Deadline Most People Do Not Know About
From the day of your arrest, you have 15 days to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety (DPS). Miss it and your license is automatically suspended with no hearing and no appeal.
When we file for the ALR hearing, we also compel the arresting officer to testify under oath before your criminal trial begins. That sworn testimony is often some of the most useful material we have in the criminal case.
If your license is suspended, we can immediately petition the court for an Occupational Driver’s License (ODL), which allows you to drive to work, school, and for essential household duties while your case is pending.
Whether you were arrested in Plano, McKinney, Frisco, Dallas County, or anywhere across North Texas that clock started the moment of your arrest.
We Know How the Other Side Builds Its Case
Warren and Joshua Abrams spent years on the prosecution’s side before switching to criminal defense. That experience has a direct, practical effect on how we prepare your case. When our team represents you, we already know what the prosecution needs to win and where they tend to fall short.
Our firm has earned over 500 five-star Google reviews from clients across the Dallas-Fort Worth area. We try cases. Most defense attorneys look for the fastest plea. We do not.
Call Abrams Trial Law at 972-960-9040 for a free consultation. Our experienced DWI defense team will review your case and tell you exactly where you stand. We serve clients throughout Dallas County, Collin County, Denton County, Tarrant County, and surrounding North Texas communities.