19 Nov 2014
If you have been arrested for driving under the influence, it may seem that your fate is a foregone conclusion. In other words, arrest equals conviction. This may appear to be even more likely when you’ve been given a breath test, and the cops say you’ve failed one or more field sobriety tests (FST).
The truth, however, is that while an arrest in Austin, Texas for DWI leads to a conviction in better than half of the cases, there are many that do not result in a guilty verdict. So while the potential penalties for drunk driving are severe, in many cases they simply do not apply. Here are some facts and statistics that may surprise you:
Across the country, conviction rates vary widely from state to state, from county to county, and from municipality to municipality. A study several years ago found that in a particular year, the rate in some counties was as high as 90%, and in others as low as 63%. The bottom line is that an arrest does not, in a relatively large percentage of cases, lead to a conviction. In Travis County, for example, DWI arrests are up by almost 24% over the past three years, but more than a third of the arrests do not result in a DWI conviction.
If you’re wondering why there is such a seemingly low conviction rate, the reasons are not hard to find. Here are a few of them:
- First time offenders. In many jurisdictions, the cases against many first-time offenders are dismissed or refiled as lesser offenses. In Austin, 37% of the DWI charges against first-timers are reduced or dismissed prior to the conclusion of the case.
- Lack of probable cause. If the traffic stop leading to the DWI arrest was pretextual, for example, the whole case can be thrown out by the judge.
- Bad tests. Breath test results and FST’s can be challenged in a number of ways, and the results of those challenges can lead to a dismissal of the DWI charge.
- No appearance. If the arresting officer fails to appear in court, the case can be dismissed.
The bottom line is that in Austin, and in numerous other jurisdictions, a DWI arrest is not the end of the case, but just the beginning.
Law Office of David D. White, PLLC
1201 Rio Grande Street #200
Austin, TX 78701
(512) 369-3737