.141 Breath Test Dismissed and ALR Hearing Victory

DWI Charge Dismissed After .141 Breath Test and ALR VictoryCase Win: DWI Charge with a .141 Breath Test Dismissed and ALR Hearing Victory

At David Smith Law Firm, PLLC, we believe every person accused of a crime deserves a strong defense and the presumption of innocence. This past week, our office secured a major victory for one of our clients:

• Criminal DWI case dismissed despite a .141 breath test result

• Administrative License Revocation (ALR) hearing win — license saved

These wins underscore what we’ve always said — numbers don’t always tell the full story, and the State still has the burden to prove its case beyond a reasonable doubt.

The Facts of the Case

Our client was arrested in Texas for Driving While Intoxicated (DWI) after a police officer claimed they had probable cause to stop and arrest them. Following the arrest, the client provided a breath sample that allegedly registered .141 — well above Texas’s legal limit of .08.

In most situations, prosecutors will point to a number like .141 and claim the case is “open and shut.” But as experienced DWI defense lawyers know, a breath test result is just one piece of evidence — and it can be challenged on multiple grounds.

Our Defense Strategy

From the very beginning, we approached this case with the mindset that the State must be able to prove every element of their case — both in criminal court and in the ALR process.

1. Challenging the Stop and Arrest
We carefully reviewed the officer’s reports, body cam footage, and all related evidence. We found critical weaknesses in the State’s probable cause argument. Simply put, the officer’s observations and conclusions did not meet the legal standard for arrest.

2. Questioning the Breath Test
Even with a .141 reading, we explored all potential issues with the administration and accuracy of the breath test. Breathalyzers require proper calibration, correct procedural steps, and lawful collection. Any failure in those areas can call the reliability of the results into question.

3. Fighting the ALR Suspension
The Texas Department of Public Safety (DPS) sought to suspend our client’s driver’s license through the ALR process. At this separate hearing, we argued that DPS failed to meet its burden of proof. Specifically, the Department:

• Failed to prove probable cause existed to arrest the Defendant

• Failed to prove the Defendant operated a motor vehicle in a public place while intoxicated

The Outcome

After aggressive litigation and strategic defense, the results were clear:

✅ Criminal DWI Dismissal — The prosecutor dismissed the DWI charge. Our client avoided a conviction, jail time, fines, and a permanent criminal record for this offense.  The prosecutor who heard my arguments made the just and fair decision to dismiss this case, and didn’t get consumed with simply “the number”.

✅ ALR Hearing Win — The Administrative Law Judge agreed that DPS failed to prove its case. Our client’s driver’s license was saved.

Why This Win Matters

Most people think that if you blow over the limit, your case is hopeless. This victory proves otherwise. Even with a breath test reading of .141, you can still win your case if your lawyer knows how to:

• Spot constitutional violations in the stop or arrest

• Challenge unreliable or improperly administered breath tests

• Hold the State to its burden of proof

• Fight the license suspension at the ALR stage

What This Means for You

If you’ve been charged with a DWI in Texas, especially if you blew over the legal limit, do not assume the case is over. You have rights. The State must prove its case beyond a reasonable doubt — and in many instances, they cannot.

At David Smith Law Firm, PLLC, we’ve helped clients across Texas beat DWI charges, protect their driving privileges, and move forward with their lives.

We’re not just here to negotiate pleas — we’re here to fight for dismissals, “Not Guilty” verdicts, and ALR victories.

Protecting Your License and Your Future

In Texas, you only have 15 days from the date of your arrest to request an ALR hearing to fight your license suspension. Missing that deadline can mean an automatic suspension — even before your criminal case goes to court.

That’s why it’s critical to call us immediately after your arrest. We’ll file the request for you, build your defense, and start identifying weaknesses in the State’s case from day one.