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Can a DWI Be Dismissed in Harris County, TX?

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Last Modified on May 04, 2026

If you’re charged with driving while intoxicated (DWI) in Harris County, you can expect to face serious consequences, including hefty fines, license suspension, and even time in jail. The DWI penalties you face in Texas ultimately depend on the charges brought against you and your criminal record. This may make you wonder, can a DWI be dismissed in Harris County, TX?

It is possible to have a DWI dismissed. The longer answer is that it can be very challenging to have your charges dismissed due to Texas’s tough DWI laws. That said, a Harris County DWI attorney can show you how to try.

Texas DWI Laws

It’s estimated that alcohol-related crashes result in 32 deaths across the United States every day. In recent years, Harris County in Texas reported an average of 187 DWI fatalities per year alone. Even when driving while intoxicated doesn’t result in death, drunk drivers pose a serious risk to themselves and everyone around them when they get behind the wheel, incapacitated.

Texas imposes strong DWI laws to prevent these dangerous driving behaviors and keep people on the road safe. DWIs accounted for 20 percent of misdemeanor case filings and four percent of felony case filings in Texas in 2024. Nearly half of all criminal cases were dismissed by county courts, though it’s difficult to say how many of those cases were for DWI. All of this to say, it is possible to have a DWI dismissed in Harris County, TX.

That said, Texas recently updated its DWI laws, effectively making them much stronger. First-time DWI is now a Class A misdemeanor, and all subsequent offenses are automatically charged as felonies. With these elevated laws, it can be much more challenging to have your case dismissed.

Dismissing a DWI Charge in Harris County

It’s possible to challenge a DWI in Texas, but it’s likely going to be difficult. If you have the evidence and documentation, it’s helpful to have a strong enough defense that proves your innocence. Often, your attorney is going to look into invalidating the prosecution’s case against you to get the case thrown out. DWI arrests and the subsequent processing can be a delicate process. If you can find an error in the steps they took, you may be able to get the entire case thrown out.

Hire a DWI Lawyer in Harris County to Discuss Your Case in More Detail

Driving under the influence of alcohol is a serious crime under Texas law. You can expect to face serious consequences even for your first offense. This is particularly true with Texas’ recent updates to DWI laws, effectively strengthening penalties for DWIs at all levels. If you’re facing charges, it’s wise to contact a Harris County DWI attorney to help you with your defense.

The Law Office of Joseph Ruiz, PLLC has been serving Harris County and the surrounding areas for over a decade. We have experience handling misdemeanor cases through the Harris County Criminal Courts of Law and felonies through the Harris County District Courts.

Over the years, we’ve been a part of over 350 jury trials and thousands of dismissals. While past cases don’t guarantee future case results, you can rest assured you’re working with an experienced team you can trust.

Our firm is a proud member of the DUI Defense Lawyers Association, National College for DUI Defense, and Texas Criminal Defense Lawyers Association. We’ve also earned: 

  • 10.0 Superb Avvo Rating
  • AV-Preeminent® peer rating on the Martindale-Hubbell® Directory
  • Avvo Client Choice Award
  • Client Champion Award

To top it off, our founding attorney, Joseph Ruiz, is Lead Counsel Verified and rated by Super Lawyers®. Industry awards and recognition do not guarantee positive case results.

FAQs

Q: What Is the Longest Possible Sentence for DWI in Harris County?

A: The longest possible sentence for DWI in Harris County is typically up to 10 years in prison. This sentence is reserved for third or subsequent offenses. That said, there are aggravating factors that can extend an offender’s total sentence. For example, causing the death of another party can carry a longer sentence. This is known as intoxication manslaughter. It’s important to have a basic understanding of Texas DWI laws and penalties to help with your defense.

Q: Can I Avoid Jail Time Even if I’m Convicted of DWI in Harris County?

A: You can avoid jail time even if you’re convicted of DWI in Harris County. That said, it can be challenging to achieve this outcome. Penalties for first offenses tend to have the most leniency. You’ll likely find it more difficult to avoid time in jail for repeat DWIs. While DWI convictions carry time in jail, it’s not uncommon for judges and prosecutors to substitute this sentence for fines, probation, and installation of an ignition interlock device (IID).

Q: How Long Do DWI Cases in Houston Typically Take?

A: What long DWI cases in Houston typically take can vary widely depending on the details of the arrest and the court’s backlog. Cases involving complicated evidence like blood tests and other lab results can take longer to process. The severity of the charges and whether it’s your first offense can also determine how long it takes to reach a final resolution. It’s wise to hire a DWI lawyer to help keep things moving in the right direction.

Q: How Much Does It Cost to Hire a DWI Lawyer in Harris County?

A: The cost to hire a DWI lawyer in Harris County ultimately depends on the complexity of your case. A law firm’s reputation and level of experience can also determine how much they charge. Factors such as whether your case goes to trial or is resolved through a plea bargain can impact overall legal fees. You can talk to a firm about their services beforehand to make sure it’s a good fit.

Harris County DWI Lawyer

If you’re ready to discuss your case in more detail, our team is here to listen. Contact the team at the Law Office of Joseph Ruiz, PLLC today. Let us put our knowledge and experience to work for you and help you confidently face the legal challenges ahead.

Law Office of Joseph Ruiz, PLLC