Dismissed vs Not Guilty | Tyler Flood & Associates

Being charged with a crime in Texas is never an easy situation to be in no matter your age, background, or criminal history. Whether you are facing your first criminal charge or your fifth, you should always consult with an experienced criminal defense attorney. When faced with a DWI charge in Texas, receiving a dismissal or not guilty verdict are both excellent outcomes, however, the two are very different according to Texas DWI laws.

What Does It Mean to Have Charges Dismissed?

In order to have a DWI charge in Texas dismissed, you will need the assistance of an experienced criminal defense attorney to poke holes in the prosecutor’s case. The prosecutor is required to prove your guilt beyond a reasonable doubt in order to obtain a conviction. If there were errors in your arrest, booking, or interrogation, you may be able to have your case dismissed. DWI charges can only be dismissed by the district attorney prosecuting your case.

What Does It Mean to Be Found Not Guilty?

For the most part, when a jury returns a not guilty verdict for your DWI case in Texas, it means that the case is closed and you will not have to attend the sentencing hearing for felony DWI Texas. This is also known as an acquittal, and the prosecution is not permitted to appeal this decision under the rules of double jeopardy, which means you cannot be tried for the same crime twice. It does not necessarily mean that you are innocent either. It just means that the prosecution did not have the necessary evidence to prove your guilt beyond a reasonable doubt.

When Does DWI Reach Felony Level in Texas?

Many people charged with DWI will ask the following question: is a DWI a felony in Texas? DWI charges in Texas are handled as follows:

1st DWI offense: Class B or Class A misdemeanor, depending on BAC level
2nd DWI offense: Class A misdemeanor
3rd and subsequent DWI offenses: 3rd-degree felony

However, there are other circumstances that can lead to an automatic charge of felony DWI in Texas. Those circumstances include any of the following:

You were intoxicated while driving with a child under the age of 15 in your vehicle
You were involved in an accident that caused serious bodily injury or death to someone else while driving while intoxicated

As with any criminal charge, it is imperative that you consult with an experienced criminal defense attorney when facing an initial or subsequent DWI charge in Texas.

Charged with DWI in Houston? Contact an Experienced DWI Defense Attorney Today

Facing a DWI charge in Houston does not mean your life has to come to a halt. However, the penalties in Texas for DWI are serious, which is why you should always consult with a defense attorney. Our attorneys can help explain the Texas DWI statute whether or not it’s felony DWI. Call the office of Flood & Associates at 713-224-5529 to schedule a consultation with one of our DWI defense attorneys.

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Client Testimonials

"Tyler and his team are top notch—with years of experience under their belts they know what strategy will work to advocate for the best possible outcome. They are knowledgeable, professional, and courteous. Like a doctor, you never know you hire a bad attorney until it’s too late, and don’t take a gamble and retain someone else, especially when the clock starts running quickly, once you are arrested for a DWI. Run, don’t walk, to retain Flood and Associates!"

- Alyssa S

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"So. I can't say enough about Tyler Flood and Associates! BRAVO!! I had a 3rd DWI and my daughter Googled Tyler & Co. Who are DWI SPECIALISTS! I set up an appointment, and was impressed with their knowledge on the Laws and Science of DWI cases! Hank👍💥💥💥💥💥👌"

- Hank Baerga

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"Tyler Flood did an excellent job in taking care of my situation when no other attorney could do so. He kept communication open by way of text messages and phone calls, I was inform in every step along the way and he represented me well in court. His assistant Andrea was very quick in responding to my emails, I felt comforted by their genuine concerns of my case. Highly recommended"

- Tamra Elwell

a Google user
"Tyler Flood and associates are an astronomical team. Tyler was aggressive when needed to be and very professional during my trail. He left no stone unturned. I highly reccomend Mr. Flood if you ever find yourself in a situation such as myself. The not guilty verdict for a dwi was the best! "

- Magaly

an Avvo user
"Great experience under terrible circumstances...when your future is at risk, the attorney you chose could decide your fate..Flood & associates took my case personal...I felt I was represented by family...highly recommend Tyler to everyone!"

- Brent

a Google user
"I personally want everyone to know, this is the best law firm for dui issues! They are professional and responds all the time, communications between the office and myself was on par at all times and bottom line. MY CASE WAS DISMISSED!!!"

- TW David C.

a Yelp user
"Tyler did a great job for me. I never felt like he wanted me to settle. In fact he would encourage me to hang in there and go to trial. In the end my DWI was dismissed the day of trial. I would definitely recommend them."

- Robin

a Google user