How Do I Fight a DWI Charge in Texas? | TX Defense Lawyer

 Posted on February 14, 2026 in Criminal Defense

You fight a DWI charge in Texas by carefully examining the stop, the arrest, and the testing procedures used against you. A solid defense usually centers on whether law enforcement acted properly and whether the evidence can be trusted. Remember, an arrest doesn’t equal a conviction.

If you are facing a DWI charge in 2026, it is important to understand that you still have legal rights and possible defenses. Our Fredericksburg, TX DWI defense lawyer helps individuals evaluate the facts and build a strategy designed to protect their future.

What Must the State Prove in a Texas DWI Case?

Under Texas Penal Code § 49.04, a person commits DWI if they operate a motor vehicle in a public place while intoxicated. In this context, "intoxicated" means either having a blood alcohol concentration of 0.08 or higher or not having normal use of mental or physical abilities because of alcohol or drugs.

To convict you, prosecutors must prove beyond a reasonable doubt that you were driving and that you were legally intoxicated at that time. An experienced attorney can help you build a defense to fight their arguments.

Can the Traffic Stop From a DWI Be Challenged?

Police must have reasonable suspicion to pull you over. That means they must be able to explain why they believed a traffic violation or crime occurred.

If the stop was not lawful, your attorney may file a motion to suppress evidence. If the court agrees that the stop was improper, certain evidence – including test results – may not be allowed in court. This can significantly impact the case.

Are Field Sobriety Tests Reliable?

Field sobriety tests are based on an officer’s observations. They are not foolproof. Conditions like poor lighting, uneven pavement, nervousness, fatigue, injuries, or medical conditions can affect performance.

An attorney can review body camera and dash cam footage to see whether the tests were properly administered. If instructions were unclear or scoring was inconsistent, that may raise doubts about the results.

Can Breath or Blood Test Results Be Questioned in a DWI Case?

Breath and blood testing must follow strict procedures. Machines must be calibrated correctly, and samples must be handled carefully.

Common issues that may affect testing include:

• Improper calibration of breath testing equipment
• Errors in collecting or storing blood samples
• Breaks in the chain of custody
• Contamination of the sample
• Failure to follow required testing protocols

If there are problems with the testing process, your attorney may challenge the reliability of the results.

What Other Defenses May Apply in a DWI Case?

Every case is unique, and defenses depend on the specific facts. Beyond the stop and testing, other legal strategies may apply.

Possible defenses may include:

• Arguing that you were not operating the vehicle
• Showing that your behavior was caused by a medical condition
• Disputing the officer’s interpretation of your actions
• Challenging whether proper warnings were given
• Arguing that the prosecution lacks sufficient proof

A careful review of police reports, video evidence, and scientific records often reveals weaknesses that are not obvious at first.

How Does a DWI Affect Your Driver’s License?

A DWI arrest can lead to an Administrative License Revocation proceeding. This process is separate from the criminal case in court. You only have a short window to request a hearing if you want to contest the suspension of your driver’s license.

Handling both the court case and the license matter early can help protect your driving privileges. An experienced attorney can request the hearing on your behalf, review the evidence, and represent you during the process to help protect your right to drive.

Contact Our Llano County, TX DWI Defense Attorney Today

A DWI charge can result in immediate consequences and leave you with many concerns. You may worry about your record, your job, and your future. At Law Office of Russ Alan Baker, PLLC, we take the time to examine every detail and develop a defense strategy based on the specific facts of your case.

Attorney Baker holds a Bachelor of Science degree in Biology. His background in biology gives him a strong understanding of scientific evidence, including breath and blood testing, DNA, and fingerprint analysis. This knowledge is especially helpful in DWI cases and other criminal matters that rely on technical evidence.

If you are facing a DWI charge, contact our Fredericksburg, TX DWI defense lawyer by calling 325-216-2006 to schedule a consultation and discuss your options.