If you’ve been arrested for a DWI in Texas, you may think your odds of removing it from your record are rather bleak. A DWI arrest can be life-altering, leaving a stain on your driving and criminal record. But with a well-prepared defense, no situation is hopeless.

Gustitis law firm has served many defendants arrested for DWI charges. Through our experience, we have discovered two strategies that may help discredit the arresting officer’s reporting or opinion about a DWI case – or seal the case altogether.

Using Validation Studies Against Standardized Field Sobriety Tests (SFSTs) in Your Defense

When arrested for a DWI, officers will conduct SFSTs to prove the accused has lost the normal use of mental or physical capabilities. Though the police regularly portray these tests as reliable indicators of impairment, validation studies – specifically Psychophysical Tests for DWI Arrest (1977) and Development & Field Test of Psychophysical Tests for DWI Arrest (1981 – have never fully established this correlation. To strengthen your defense, your lawyer can obtain copies of these validation studies and incorporate them into your defense.

But how can you use validation studies to challenge field sobriety tests?

At least two validation studies have reported findings which can help you discredit SFSTs. First, you must obtain suitable copies of each from the U.S. Department of Commerce, which are public documents under seal and self-authenticating. Each of these studies provides a wealth of evidence that SFSTs are failing indicators of intoxication and/or physical and mental impairment and can help your defense strengthen your case against the police. For tips on incorporating these studies into your case or for specifics about the evidence they include, check out our website and YouTube video

H.B. 3016 – Sealing Your First DWI Conviction

If this is your first DWI arrest, a new Texas law could help you avoid a stain on your record. H.B. 3016 is a non-disclosure law that permits the sealing of a DWI first conviction as long as they meet the following criteria:

  • The defendant had a BAC less than 0.15 at time of arrest
  • The defendant was never convicted or placed on deferred for another offense, except traffic offenses punishable by fine only
  • The defendant successfully completed any community supervision imposed and any term of confinement
  • The defendant paid all their fines, costs, and restitution
  • The appropriate waiting period has elapsed.

Additionally, this law does not exclude those who choose to go to trial and not observe the law initially. It provides for non-disclosure after either successfully completing a term of community supervision (Tex. Gov’t Code Sec. 411.0731) or after completing a sentence, including any term of confinement imposed. Simply put, criminal defense lawyers can still push forward and encourage their clients to litigate a DWI first without fear of eliminating non-disclosure opportunity. Regardless of the punishment outcome, a client would eventually become eligible to seal their arrest records.

For more information on this approach to resolving a DWI arrest, click here.

At Gustitis Law, we hope to provide people who have been implicated by the criminal justice system with hope by sharing our knowledge. Stephen Gustitis is a Texas Board Certified Criminal Defense Attorney with more than 27 years of experience practicing in the Bryan-College Station Area.

Have questions about DWI investigations or Gustitis law? Contact us 24 hours a day at 979-823-9111 or send us a message here.