Do Houston DWI cases ever get dismissed?

The simple answer is, Yes.  According to the Harris County Office of Court Management statistics, in 2008 there were 1100 Houston DWI cases dismissed.  Simple advice - hire a Houston DWI attorney that devotes the majority of his/her practice to defending Texas DWI cases.

As a Houston DWI lawyer responsible for many of these DWI dismissals, I know that there are a plethora of reasons that these DWI cases are dismissed.  However, at the root of just about every one of these DWI dismissals is a competent and dedicated DWI attorney that is fighting each and every step of the way. 


You can rest assured that the DA's office is doing everything they can to convict anyone arrested for DWI in Houston, Texas.  You must have someone just as dedicated to fight for you if you have been arrested for DWI.  That advice again, HIRE A COMPETENT DWI LAWYER.

Here is the Pre-Trial Diversion conversation I predicted was coming

I was in court this morning and the Assistant Harris County District Attorney that I dealt with gave me insight into the new DIVERT program and confirmed to me that there will be fewer dismissals of Houston DWI cases, at least temporarily. 

Here is the gist of the today's conversation about one of my innocent clients that was charged with DWI:

Me:  Have you had a chance to evaluate this case for trial?

Prosecutor:  Sure, your client is eligible for pretrial diversion.

Me:  Sure he is, he has never been in trouble before.  But, have you evaluated this case for trial?

Prosecutor:  He is eligible for the new DIVERT program.

Me:  I understand he meets your qualifications, but have you evaluated the case for trial.  My client is not interested in doing the DIVERT program.

Prosecutor:  Why wouldn't your client do the pretrial diversion program.

Me:  Have you watched the video in this case that shows my client is not intoxicated and does not comport with what the offense report says?

Prosecutor:  The new program will allow your client to get his case dismissed.

Me:  Again have you seen the video?

Prosecutor:  No because your client can do the pretrial diversion program.......

This went on for a few more rounds until it seemed to finally sink in to the prosecutor that my client is not going to participate in the new DIVERT program.  Only then did she agree to watch the video and evaluate the case for trial. 

Is it too much to ask to have them evaluate the case for trial and have them actually do that?  Do the prosecutors really want innocent people pleading guilty to a crime (requirement of the pretrial diversion) that they are not guilty of?  Do they want the police officers to be the person that arrests the citizen, inaccurately reports about that citizen and then ultimately convicts the citizen?  Do the prosecutors want to use the education they received to actually evaluate theses cases? 

DWI Pre-Trial Diversion means fewer dismissals

Since the announcement by Pat Lykos about the Harris County District Attorney's office offering pre-trial diversion on DWI cases, there has been a buzz around the courthouse.  Some lawyers seem to like the idea, while other attorneys seem to be very critical of the idea.

As a Houston DWI Lawyer, my concern is for my clients that are not guilty of DWI.  We have had hundreds of DWI cases dismissed over the years.  My concern is that the representatives of the Harris County District Attorney's office will think they are doing each of our clients a huge favor by offering a pre-trial diversion.  But what about the people that would have had their cases dismissed, but for, this new policy?  I'm concerned that the number of Houston DWI cases that are outright dismissed may be reduced significantly.

Why should someone have to jump through all of the pre-trial diversion hoops to get their case dismissed when the case would have been dismissed before this new policy?  These are the people that are going to be hurt by this new DWI pre-trial diversion policy.