How to Get a DWI Dismissed in New Braunfels, Texas

A DWI arrest in New Braunfels can put everything you’ve built at risk. You may have a career, a family counting on you, and a clean record until now. If you’re like most people who call our office, your first questions aren’t about jail. They’re about your job, your family, and what comes next. And if someone you love was arrested, you may be the one searching for answers on their behalf.

Here’s what you need to know right away: Your arrest started a clock. Depending on how your suspension notice is delivered, you could have just 15 days to request a hearing to protect your driver’s license. The dashcam footage, body-cam video, and witness accounts that could matter in your defense also get harder to secure as time passes.

Seymour & Vaughn provides aggressive criminal defense for DWI and other intoxication-related charges, including repeat DWI, felony DWI, intoxication assault, and intoxication manslaughter. With a practice rooted in Comal, Hays, and Guadalupe counties, the firm emphasizes local court familiarity, decisive advocacy, and transparent fee arrangements, including flat fees and payment plans.

If you’re researching how to get a DWI dismissed, you also need to recognize that an unlawful traffic stop, an arrest without probable cause, or unreliable testing can weaken the State’s case. No attorney can tell you at the start whether your case will be dismissed. But a New Braunfels DWI defense lawyer can examine what happened, challenge the evidence, and identify your options under Texas law.

At a Glance

You generally have 15 days from service of an ALR suspension notice to request a license hearing, or 20 days from mailing when DPS sends a later notice after qualifying blood-test results.
DWI charges can be dismissed when prosecutors lack sufficient admissible evidence or another legal basis supports dismissal.
An unlawful stop, an arrest without probable cause, or improperly obtained evidence can lead to suppression of key evidence.
Field sobriety tests and breath or blood tests can contain errors that weaken the prosecution’s case.
Some first-time DWI defendants may qualify for deferred adjudication, which can result in dismissal after successful completion of supervision.

Can a DWI Charge Be Dismissed in Texas?

Yes. A DWI charge can be dismissed when prosecutors lack sufficient admissible evidence or another legally valid basis supports dismissal.

Under Texas Penal Code §49.04, the State must prove you were intoxicated while operating a motor vehicle in a public place. Texas law defines intoxication two ways: losing the normal use of your mental or physical faculties because of alcohol, drugs, or another qualifying substance, or having an alcohol concentration of 0.08 or higher.

That means you can face a DWI charge even when your blood alcohol concentration (BAC) is below 0.08. Whatever the test reading, prosecutors must prove each element of the offense beyond a reasonable doubt.

A dismissal ends the charge without a trial verdict. An acquittal, by contrast, means a judge or jury found the State didn’t prove guilt beyond a reasonable doubt. Keep in mind that a charge dismissed without prejudice can be refiled while the statute of limitations is still running, which is generally two years for a misdemeanor DWI.

What Grounds Can Lead to a DWI Dismissal?

When we take a DWI case, we don’t start with the police report. We start with the video. Attorney Tommy Vaughn spent years as a prosecutor in Comal and Bexar counties, so he knows how the State builds a DWI case and where those cases tend to have gaps. These are the issues we look for first.

An Unlawful Traffic Stop

Police need reasonable suspicion of a traffic violation or criminal activity before stopping your vehicle. Reasonable suspicion requires specific, articulable facts, not a hunch.

Say an officer claims you were weaving between lanes, but dashcam footage shows you held your lane and committed no violation. We compare the officer’s report against the video and other evidence to test whether the stop was lawful.

Under Article 38.23 of the Texas Code of Criminal Procedure, evidence obtained in violation of applicable law may be excluded from your case. If the stop was unlawful, your attorney can file a motion to suppress evidence obtained as a result, potentially including field sobriety tests and breath or blood test readings. Losing that evidence can potentially leave the State without enough to proceed.

An Arrest Without Probable Cause

Reasonable suspicion for a stop and probable cause for an arrest are different legal standards. Before arresting you for DWI, an officer must have probable cause to believe you committed the offense.

Officers often point to slurred speech, bloodshot eyes, the odor of alcohol, or poor balance. But fatigue, allergies, medical conditions, injuries, and nerves can produce similar signs. If the officer lacked sufficient grounds for the arrest, evidence gathered afterward may be subject to suppression.

Unreliable Field Sobriety Tests

Field sobriety tests often influence an officer’s decision to arrest, but they’re far from foolproof. The National Highway Traffic Safety Administration (NHTSA) sets standardized procedures for three tests:

Horizontal gaze nystagmus: Checks for certain involuntary eye movements.
Walk-and-turn: Tests balance, coordination, and your ability to follow instructions.
One-leg stand: Requires you to hold your balance while following directions.

Physical limitations, uneven pavement, poor lighting, footwear, and unclear instructions can all affect how you perform. Someone recovering from an ankle injury might struggle on the one-leg stand without having had a drink. Effective DWI defense strategies include examining whether officers followed NHTSA procedures and whether their conclusions match what the video shows.

Problems With Breath or Blood Test Evidence

A BAC of 0.08 or higher is strong evidence, but it isn’t the end of the case. Breath testing devices require proper operation, maintenance, and calibration. Your attorney can review calibration records, operator certifications, and testing logs for errors.

Blood tests raise their own questions:

Was the draw authorized by a warrant, valid consent, or another recognized legal exception?
Was the sample properly collected, stored, and transported?
Did the lab follow appropriate testing procedures?

Police generally need a warrant for a nonconsensual blood draw unless a recognized exception applies. Timing matters, too. In some cases, alcohol absorption can cause BAC to rise after driving but before testing. Any defense built on that theory needs supporting facts and scientific evidence.

Missing or Mishandled Evidence

Gaps between a police report and body-cam footage, missing recordings, or breaks in a blood sample’s chain of custody can undermine the State’s case. Not every paperwork error leads to dismissal. What counts is whether the problem affects the evidence’s reliability, its admissibility, or your legal rights. These problems can also build reasonable doubt at trial.

For more on this, read 7 Signs Your DWI Case May Be Weaker Than You Think.

How We Challenge the Prosecution’s Case

Finding weaknesses is the first step. Using them is the second. Depending on what the investigation turns up, that can mean filing motions to suppress unlawfully obtained evidence, challenging the reliability of chemical testing, or presenting the problems in the State’s case directly to prosecutors.

A successful motion to suppress can change the direction of a case. If prosecutors lose essential evidence, they may decide they can’t move forward. Suppression doesn’t always end a case, since the State may still have other admissible evidence. That’s why we prepare each case as if it’s going to trial. Prosecutors in Central Texas don’t back off DWI cases easily, and they take notice when the defense is ready to fight.

No one can buy a particular verdict, but you can hire effort and execution. That’s what we bring to each case.

Can a First Offense DWI Be Dismissed in Texas?

Yes. A first offense DWI can be dismissed, but having no prior record isn’t itself grounds for dismissal. The same evidence issues apply whether it’s your first arrest or not.

A first DWI is generally a Class B misdemeanor. Under Texas Penal Code §49.04, it carries a statutory minimum confinement term of 72 hours, with a maximum of 180 days in jail and a fine of up to $2,000. Jail isn’t automatic, though. Community supervision (probation) may be available, depending on the facts of your case.

Deferred Adjudication: A Path to Dismissal for Some First-Time Offenders

Since September 1, 2019, Texas judges have been able to grant deferred adjudication for qualifying first-offense DWI cases. Unlike a dismissal obtained by challenging the prosecution’s evidence, deferred adjudication requires a guilty or no-contest plea, followed by court-ordered supervision. The judge does not enter a conviction at the outset. If you successfully complete supervision without the court adjudicating guilt, the proceedings are dismissed.

Under Texas Code of Criminal Procedure Article 42A.102, deferred adjudication is unavailable for certain DWI cases, including when:

Your BAC was 0.15 or higher at the time of testing.
You held a commercial driver’s license or commercial learner’s permit at the time of the offense.
The charge is subject to a repeat-offender enhancement under Texas Penal Code §49.09.
You are charged with an excluded intoxication offense, such as DWI with a child passenger or intoxication assault.

Eligibility doesn’t guarantee that a judge will grant deferred adjudication.

Deferred adjudication comes with tradeoffs you should weigh with your attorney. An ignition interlock device is ordinarily required, although a judge can waive that requirement after the statutory evaluation and findings. A dismissal following DWI deferred adjudication does not ordinarily qualify for expunction, and the offense can count as a prior for enhancement purposes if you’re later charged with another DWI.

Factors That Raise the Stakes

Certain circumstances increase the potential penalties:

BAC of 0.15 or higher: A Class A misdemeanor, carrying up to one year in jail and a fine of up to $4,000.
Open container: A minimum confinement period of six days.
Child passenger younger than 15: Turns a misdemeanor into a state jail felony.
Prior DWI convictions: Enhanced penalties, including a third-degree felony with two prior convictions.
Serious bodily injury: Intoxication assault, a separate felony offense.

For first-time offenders, the fallout can reach far beyond the courtroom. A DWI conviction can affect your job, a professional license, your insurance rates, and future opportunities. That’s why it’s worth fighting from the start.

What Happens After a DWI Arrest in Comal County?

A DWI arrest sets two separate processes in motion: a criminal case and an administrative case over your driver’s license.

The Criminal DWI Case

Prosecutors review the evidence and decide how to proceed. Misdemeanor DWI cases generally move through a Comal County court at law, while felony cases go to district court.

Your attorney can investigate the arrest, file motions, negotiate with prosecutors, and prepare for trial. The earlier you hire counsel, the more you can do. Early involvement gives your defense attorneys time to preserve video, locate witnesses, and identify weaknesses before evidence disappears.

Administrative License Revocation (ALR)

The Texas Department of Public Safety (DPS) runs the Administrative License Revocation (ALR) program. A qualifying breath or blood test result, or a refusal to test, can trigger a license suspension separate from your criminal case.

You have 15 days from the date an officer serves you a suspension notice to request an ALR hearing. If DPS later mails you a suspension notice after qualifying blood-test results, you have 20 days from the mailing date. If you miss the hearing deadline, your license suspension can take effect without a hearing.

Check your notice now and contact an attorney right away. An ALR hearing gives you a chance to contest the suspension, and it can give your attorney an early look at the officer’s account under oath.

Even if your criminal case is dismissed, the license matter doesn’t go away on its own. Your attorney can handle both proceedings and evaluate whether you qualify for an occupational driver’s license so you can keep getting to work.

Who You’ll Work With at Seymour & Vaughn

When your career, your reputation, and your family’s stability are on the line, you want attorneys who will dig into the evidence and take the fight to the State.

Aaron Seymour, a U.S. Army veteran, founded The Seymour Law Office in 2016 and established Seymour & Vaughn with attorney Tommy Vaughn in 2024. Aaron’s approach emphasizes preparation, hard work, and a commitment to pursuing the strongest defense the evidence supports.

Tommy Vaughn is a former prosecutor in Comal and Bexar Counties who has tried more than 100 cases. DWI defense is a central focus of his practice. He knows how prosecutors evaluate DWI cases because he used to build them.

Our other attorneys and support team are equally committed to the people we represent. Each member of our team contributes to the work that goes into defending your case, from investigating the allegations to keeping you informed throughout the legal process.

Built on Preparation and Trust

For many of our clients, a DWI is their first contact with the criminal justice system. Many others call us because a spouse, parent, grandparent, or adult child was arrested. Either way, you make decisions about the case with us. We explain your options in plain terms and keep you informed from start to finish.

Seymour & Vaughn represents individuals facing DWI, repeat DWI, felony DWI, intoxication assault, and intoxication manslaughter charges. The firm is committed to building its practice around these serious charges and providing focused, aggressive criminal defense. Seymour & Vaughn takes a direct, aggressive approach to criminal defense. Guided by its “Tip of the Spear” philosophy, the firm approaches serious charges with boldness, determination, and a commitment to standing up for its clients.

We offer flat fees and payment plans. Our full trial team means we can meet the prosecution resource for resource when a case calls for it.

We live and work in the communities we serve, including New Braunfels and Comal, Hays, and Guadalupe Counties.

Frequently Asked Questions

Can a DWI be dismissed before trial in Texas?

Yes. A DWI can be dismissed before trial when the evidence is insufficient, key evidence is suppressed, or another legal basis supports dismissal. Your attorney can investigate the arrest and raise the appropriate legal challenges.

Can a DWI be dismissed if my BAC was below 0.08?

It can, but a reading below 0.08 doesn’t end the case on its own. Texas law allows a DWI charge based on loss of normal mental or physical faculties, even when BAC is below the legal limit. A low reading can still make the State’s case harder to prove.

Does refusing a breath test get a DWI dismissed?

No. Police can seek a warrant for a blood draw, and under Texas Transportation Code §724.061, the State can introduce evidence of your refusal at trial. Refusal can also trigger an administrative license suspension and increase the length of a potential license suspension, which you have the right to contest through the ALR process.

How long does it take to get a DWI dismissed in Texas?

There’s no set timeline. Some cases are dismissed early in pretrial proceedings, while others take months of investigation, motions, and negotiation. Deferred adjudication ends in dismissal only after you complete the supervision period.

Does a dismissed DWI stay on my record in Texas?

A dismissal doesn’t erase the arrest record automatically. Depending on the circumstances, you may qualify for an expunction. Eligibility can depend on why the case was dismissed. A dismissal following DWI deferred adjudication ordinarily does not qualify for expunction but may qualify for an order of non-disclosure, and a dismissal connected to a plea on a reduced charge can also affect eligibility and prevent an expunction.

Can I get a DWI dismissed without an attorney?

It’s legally possible, but challenging DWI evidence takes working knowledge of constitutional law, testing procedures, and court rules. Prosecutors handle these cases daily. A DWI defense attorney can investigate the arrest and pursue each available defense.

Put Seymour & Vaughn in Your Corner After a DWI Arrest

Fighting for YOUR TODAY.

A DWI arrest doesn’t erase everything you’ve worked for. Whether you’re facing your first charge or trying to protect someone you love, the steps you take in the next few days count. At Seymour & Vaughn, we don’t sell dismissals. Our New Braunfels DWI defense lawyers investigate the evidence, challenge the State’s case, and prepare your defense as if it’s going to trial.

We serve clients throughout New Braunfels and Comal, Hays, and Guadalupe Counties, with flat fees, payment plans, and a team that keeps you involved in each decision.

Your 15-day window to protect your license may already be running. Don’t wait for the prosecution to build its case without you.

Call (830) 282-4630 or contact us online for a Free Consultation. We’ll review your situation, discuss possible defenses, and explain your next steps.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Seymour & Vaughn
140 S Walnut Avenue
New Braunfels, TX 78130
(830) 282-4630