Yes, it is possible to have a Harris County DWI charge reduced or dismissed. However, this depends on the facts of the arrest, the defendant’s criminal history and the defense strategy applied.
Challenging the evidence
Police must have a valid reason to pull someone over and must follow proper procedures when administering sobriety and chemical tests. Common issues that can form the basis of a challenge include:
- Improperly administered field sobriety tests
- Breathalyzer calibration errors or lack of operator certification
- Improper handling or storage of blood samples
When officers fail to follow proper procedures or violate a defendant’s constitutional rights, a defense attorney can file a motion to suppress the evidence. If a judge throws out key evidence, the prosecutor may not have enough proof to move forward with the case.
Going through the Pretrial Intervention Program (PTI)
This is a diversion program Harris County offers to certain first-time offenders. To qualify, a defendant generally must have:
- No prior convictions
- A blood alcohol concentration (BAC) below 0.15
- No accident involving injury connected to the arrest
The program involves about 12 months of supervised requirements, which can include community service, alcohol education and random testing. Successful completion makes the defendant eligible for dismissal. The arrest may then qualify for expunction, a process that permanently erases it from their record.
Know what your options are
When dismissal is not achievable, a reduction to a lesser charge may be an option. However, this will depend on the specific facts of the case and the strength of the available evidence. An attorney can help identify what paths may realistically apply to a specific situation.