Is It Possible to Overturn a DWI Conviction in Texas?

 Posted on August 29,2024 in Criminal Defense

A conviction can be devastating, but it does not always mean the end of the road. In some cases, it is possible to overturn a DWI conviction. Whether you can do so in your case depends on various factors, such as the specifics of your case and the strength of your legal defense. 

Overturning a conviction means that the court's original decision is reversed, which can happen through an appeal. It is important to understand that overturning a DWI conviction is challenging, but it is not impossible with the right legal assistance. A Texas DWI defense attorney can give you more information. 

What Are the Odds of Beating a DWI?

The odds of beating a DWI conviction in Texas depend on several factors, including the evidence against you, the quality of your legal representation, and whether any procedural errors occurred during your arrest or trial. While it is difficult to put an exact number on your chances, certain situations can improve your odds. 

For example, if the arresting officer did not follow proper protocol, if the breathalyzer or blood test results are questionable, or if there were violations of your constitutional rights, these issues could weaken the prosecution's case. 

Can I Appeal a DWI Conviction?

Yes, you can appeal a DWI conviction in Texas, but it is important to understand that an appeal is not a new trial. Instead, it is a request for a higher court to review the legal process of your original trial to determine if there were any errors that could have affected the outcome of your case.

To appeal a DWI conviction, you must act quickly. In Texas, you generally have 30 days from the date of your conviction to file a notice of appeal. Missing this deadline can result in losing the right to appeal altogether. The DWI appeal process involves several steps:

1. Filing a Notice of Appeal: This document informs the court that you intend to appeal the conviction.
2. Appellate Briefs: Both your attorney and the prosecution submit written arguments, called briefs, to the appellate court, explaining their positions.
3. Oral Arguments: In some cases, the court may schedule a hearing where attorneys from both sides present their arguments in person.
4. The Decision: The appellate court reviews the case and issues a decision, which could uphold the conviction, reverse it, or send the case back for a new trial. It can take six months or more to get a decision from the appellate court, during which time you may be allowed out on bail. 

How Are DWI Convictions Overturned?

Overturning a DWI conviction in Texas requires proving that significant legal errors occurred during the original trial or that new evidence has come to light. If the appellate court finds that mistakes were made that could have influenced the verdict, it may reverse the conviction. Some common ways DWI convictions are overturned include:

• Proving Procedural Errors: The conviction could be overturned if the arresting officer did not follow proper legal procedures, such as failing to read your Miranda rights or conducting an unlawful search.
• Challenging Evidence: If the breathalyzer or blood test results are shown to be inaccurate or improperly administered, the court may dismiss the evidence, potentially leading to the reversal of the conviction.
• Ineffective Assistance of Counsel: If your original attorney did not provide adequate representation, this could be grounds for overturning the conviction.
• New Evidence: If new evidence emerges that was not available during the original trial and could significantly impact the case, the conviction might be overturned.

The appeals process can be complex and requires a strong legal argument, so it is crucial to work with an experienced attorney who can guide you through each step.

Call Our Plano, TX DWI Defense Attorney

Getting a DWI conviction overturned is rare, but there may be hope under the right circumstances with an aggressive, experienced Collin County DWI defense attorney with The Crowder Law Firm, P.C.. Give yourself the best chance of beating your conviction by calling 214-544-0061 as soon as possible and scheduling a free consultation. We are available 24/7 and can come to you in jail.