Texas DWI FAQ: Defense and Procedures
Dismissing a First-Time DWI
Yes, you can get a first-time DWI dismissed in Texas. Courts may dismiss charges if the police lacked probable cause for the initial stop, if officers administered field sobriety tests incorrectly, or if the court finds the breath or blood test results scientifically unreliable.
The Importance of the ALR Hearing
An Administrative License Revocation (ALR) hearing is a civil process separate from your criminal case. You have exactly 15 days from your arrest to request this hearing; otherwise, the state automatically suspends your license.
The Accuracy of Blood Testing
Lab technicians perform blood tests using gas chromatography. Accurate gas chromatography relies on properly conducted validation studies. However, many validation studies across Texas do not account for other volatiles that the machine might mistakenly measure as ethanol. Because blood testing is a separation science, the results become unreliable if the technician does not separate the volatiles properly.
Strategies for Fighting a DWI Charge
Regardless of the situation, fighting a DWI charge requires specialized training. These cases involve complex technologies like infrared spectroscopy (breath testing) or gas chromatography (blood testing). Legal or scientific issues often make these tests inadmissible.
While prosecutors generally do not collect data such as maintenance records, machine validation studies, or calibration records, defense teams must obtain this specialized data independently. The Coffey Firm has earned a reputation for understanding and successfully challenging DWI forensics. A case that appears unwinnable may actually be one where the state cannot meet its burden of proof.
Long-Term Consequences of a Conviction
A DWI can impact your immigration status, driver’s license, or commercial driver’s license (CDL). A conviction often increases insurance rates and may lead to job loss depending on your industry. It can also affect your reputation and your ability to teach driver’s education to your child. While the specific effects vary by person, our job is to help you avoid a conviction entirely.
The Reality of Field Sobriety Tests
Standardized field sobriety tests are not truly scientific. Academics and medical doctors independent of the government did not develop them. Instead, the National Highway Traffic Safety Administration (NHTSA) funded their development through the SCRI, an organization with law enforcement ties.
These tests are a product of law enforcement, not a requirement of the law. They are not “pass or fail” assessments; rather, they provide “cues” that may or may not actually indicate intoxication.
Legal Representation in Dallas and DFW
Mimi Coffey aggressively defends clients throughout the entire DFW Metroplex. While based in Fort Worth, she handles cases in:
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Dallas County
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Tarrant County
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Parker County
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Collin County
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Denton County
