Heath, TX DWI Law Firms & Lawyers

That would depend on how or why the DUI was dismissed. If a Deferred Prosecution then the DUI can indeed be used against you later if you get another DUI within 7 years.

Not sure I know what you are referring to. The prosecutor decides whether to bring a charge, not the judge. If you were charged with a felony, a preliminary examination (aka probable cause hearing) must be held. If the judge determines there is not probable cause, s/he will dismiss the charge.

Legally, there would be two ways to advance the argument you are making. The first would be in the form of a motion to suppress the arrest based on a lack of reasonable suspicion/probable cause to make the initial stop. If that argument failed, it could be possible to submit the same argument to the jury, by way of a specific request for a jury instruction, or a 38.23 instruction. Then, of course, there is the fight over whether the DWI is a good arrest. Even if you admitted to having drinks, I wouldn't throw in the towel on that argument. Remember, DWI is an opinion crime: in the officers opinion, based on the totality of the circumstances, he/she believed you had lost the normal use of your mental/physical faculties. Lastly, unless you were cited for DUI (i.e. under the age of 21) this is not a "ticket." A charge for DWI carries some pretty serious potential consequences, up to and including 6 months in County jail. So, while it is certainly a good idea to post questions and seek advice, I would caution you againt the idea of confronting this kind of case without a good defense lawyer.