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Innocent of DWI? Should You Ever Accept a Texas Plea?

 Posted on November 23, 2025 in DWI

TX DWI lawyerBeing charged with DWI in Texas is a frightening experience. Facing potential jail time, huge fines and fees, and the possible loss of your job is enough to ensure you are anxious and stressed. But what if you are certain that you were not impaired, yet you feel pressured to accept an offered plea deal, for no other reason than to have it over and done?

Unfortunately, DWI cases are often built on assumptions, including nervousness, unsteady balance, or red eyes, even when these signs have perfectly innocent explanations. When you add in a flawed field sobriety test or questionable breathalyzer results, it is easy to understand how sober drivers can be charged with DWI (Title 10, Section 49.01).

But should you accept a plea deal when you know the officer got it wrong? While the answer might seem evident, it is more complicated than you might think. Before you make such an important decision, you must speak to a knowledgeable Parker County DWI attorney to fully understand what accepting a deal really means for your future.

Why Innocent Texans Might Be Charged with DWI

A Texas DWI is one of the most damaging misdemeanor convictions you can have. Because of this, deciding to plead guilty simply to have the matter over and done with may not be the right choice. Sober drivers can face DWI charges as a result of one or more of the following:

  • The officer misinterpreted your medical condition.
  • Your fatigue was mistaken for impairment.
  • You were (naturally) anxious during the traffic stop.
  • An inner-ear or neurological condition affected your balance.
  • Acid reflux or GERD falsely elevated your breath test results.
  • The Intoxilyzer 9000 device was improperly calibrated, or the officer was untrained.
  • Roadside "clues" were taken out of context.

What Are the Risks of Accepting a DWI Plea Deal When You Are Innocent?

A Texas DWI conviction cannot be expunged or sealed. Once it is on your record, it is there for life. A DWI conviction will result in an automatic suspension of your license, potential occupational license restrictions, and costly surcharges and reinstatement fees. A DWI on your record could cause you significant employment difficulties; you could lose your current job and have difficulty obtaining employment in the future.

Many employers, especially in commercial driving, healthcare, education, and governmental industries, view DWI as a serious red flag. A DWI will increase your auto insurance rates for years to come, doubling or tripling in some cases. Pleading guilty to DWI charges precludes you from potentially winning your case at the ALR license hearing, a suppression hearing, pre-trial negotiations, or your DWI trial.

Why Would an Innocent Person Feel Pressured to Take a DWI Plea?

You may have been told that you are likely to be given a harsh penalty at trial, perhaps even jail time. This fear could lead you to accept a plea deal to avoid jail. Perhaps your breath or blood tests were confusing or questionable, which could also make you feel as though a guilty plea might be your only option. Or, perhaps you are worried about your job. Trials require time off from work, multiple hearings, and long-term disruptions in your normal life. If you are unable to afford bail, taking a plea deal may seem like the only way out, even if you were sober.

When Might a DWI Plea Deal Make Sense Even if You Were Not Impaired?

If you are being offered a reduction in charges to something like obstruction or reckless driving, and even though you were sober, the evidence against you seems damning, you might consider accepting a plea. You should only ever do so after thoroughly discussing the situation with your attorney. The only other time you might consider a DWI plea, even though you were not impaired, is when the offer protects you from a felony enhancer.

Contact a Weatherford, TX DWI Lawyer

If you were charged with DWI but were not impaired, do not let pressure or misinformation push you in the wrong direction. A highly experienced Parker County, TX criminal defense lawyer from Soraya Joslin, P.C. can analyze the evidence, challenge improper testing, and fight for a dismissal or reduction. Attorney Joslin has almost 30 years of experience and served as an ADA for several years. Call 817-599-7005 to schedule your free consultation.

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