Upon conviction for a DWI in Garland, you will face huge fines, the suspension of your driver’s license, and even time in jail. Worse, you will have a permanent criminal record.
Fortunately, a DWI reduction lawyer in Garland may be able to help.
The Law Offices of Randall B. Isenberg provides professional legal representation for clients facing drunk driving charges. Our team will protect your legal rights and fight tirelessly to obtain the best possible resolution for your case.
Call us today at 214-696-9253 to learn more.
How Can a DWI Reduction Lawyer in Garland Help You?
A DWI reduction lawyer helps clients get their drunk driving charges reduced or dismissed.
Different types of Texas DWI offenses carry varying levels of charges and penalties. The charges you face will depend on your prior criminal record and the specific circumstances of your case.
Whatever level of penalties you face, DWI reduction lawyers work to have your charges reduced or dismissed. They accomplish this by identifying weaknesses in the prosecution’s case and using those to negotiate for a more favorable outcome for you.
Some of the strategies that DWI reduction lawyers use to accomplish these goals are as follows:
Reduce DWI Charges to Reckless Driving Charges
Your DWI lawyer may attempt to negotiate for reckless driving charges which, in Texas, carry fines up to $200 or up to 30 days in jail. These penalties are substantially less harsh than those associated with a DWI conviction.
Reduce DWI Charges to Obstruction of Passageway
Your DWI reduction lawyer may attempt to negotiate with the prosecutor to decrease your charges to obstruction of a passageway or highway, a Class B misdemeanor. The prosecutor may agree to this reduction in charges if he knows his case against you is strong but not airtight.
Eliminate DWI Charge >Enhancements
The prosecutor may pursue enhanced charges if you had an open container of alcohol in your car, if you had a passenger younger than 15, or if your blood alcohol concentration (BAC) was 0.15 or higher. Enhancements typically elevate standard DWI charges to the next tier offense. We may be able to convince the prosecutor to drop these enhancements.
Reduce Felony DWI Charges to a Misdemeanor
Dropping a DWI felony charge to reckless or obstruction of passage may be too much of a stretch for the prosecutor. In that case, your DWI reduction lawyer may negotiate with the prosecutor to reduce your felony charges to misdemeanor DWI.
We may identify other strategies that are more appropriate to your case, depending on the circumstances and the evidence that the prosecution holds.
How Will My Lawyer Get a Reduction in DWI Charges?
The best way to approach your case will depend on several factors, including the details of your arrest. However, some of the most common strategies we use to get DWI charges reduced include the following:
Invoke the Sixth Amendment
In the Constitution, the Sixth Amendment guarantees all accused persons the right to a speedy trial. To push the prosecution to act, your attorney may file a motion giving the prosecution a deadline by which it must proceed to trial or dismiss your case. This can be an effective strategy for dismissal of DWI charges, especially if the prosecution requires more proof or more time to build its case.
Lack of Reasonable Suspicion
When an officer pulls you over for drunk driving, he must have reasonable suspicion that you were in violation of the law. If he pulls you over for DWI, he must believe that you are statutorily intoxicated. If the officer lacked reasonable suspicion, the judge may throw out any evidence obtained. The prosecutor understands this and, faced with the possibility of losing in court, may agree to a DWI reduction.
Lack of Probable Cause
After making a traffic stop, officers need probable cause to perform BAC testing. Officers often attempt to establish probable cause using field sobriety testing or roadside breath testing.
If your arresting officer did not follow the guidelines established by National Highway Traffic Safety Administration (NHTSA) for field sobriety testing or roadside breathalyzer testing, your lawyer can argue that the officer did not establish probable cause. This lack of probable cause can lead the prosecutor to reduce or even drop the charges against you.
Challenge Breathalyzer Testing Procedures
When the police perform breathalyzer BAC testing, they must follow established guidelines and regulations. They must also adhere to regulations for performing maintenance and calibration on testing equipment. Testing equipment operators must obtain training and certification as required by the Texas Department of Public Safety (TxDPS). Any deviation from these protocols can provide motivation for a reduction in your charges.
Challenge Chemical Testing Lab Analysis
If the police requested a blood test for BAC screening, the prosecutor must submit documentation to the court proving that the chemical testing lab complied with TxDPS standards for testing labs. Your lawyer may also question the chain of command of your blood evidence and whether the lab may have contaminated your sample. Challenging breath or blood test results can cause an entire DWI case to unravel.
Potential BAC Confounding Factors
A variety of factors can influence BAC testing and interfere with the accuracy of results. Prescription medications, certain foods and drinks, or mouthwash can cause a false positive breath test. Your lawyer may consult with BAC testing experts and obtain testimony to disprove your test results.
What If the Prosecutor Refuses to Reduce My DWI Charges?
In some cases, the prosecution may refuse to consider a DWI reduction. It may believe it has a strong case or it may want to prove a point about drunk driving. Although this is not the most desirable development, your DWI reduction lawyer will be ready to defend you in court, if necessary.
The prosecutor has a high burden of proof to meet, especially if you face enhanced charges. We will employ a variety of legal strategies to defend you in court, working to establish reasonable doubt and pushing the prosecution hard to support its burden of proof.
Choosing a DWI reduction lawyer from the Law Offices of Randall B. Isenberg —one who understands the Garland legal system and who knows how to mount a strong defense in court — can help provide a better chance that your case will end with an acquittal.
Schedule a FREE Consultation with a Garland DWI Reduction Lawyer
The DWI attorney you choose to represent you should have experience and a strong knowledge of the inner workings of the legal system in Garland. Look for a lawyer who will work hard for you, protecting your legal rights and building a strong case for your defense.
Attorney Randall Isenberg understands the process in ways that others may not, thanks to more than 30 years of experience as an attorney, prosecutor, and judge. This level of insight is what makes him uniquely qualified to assist you.
Do not take DWI charges lying down. Get help from a DWI reduction lawyer at the Law Offices of Randall B. Isenberg: 214-696-9253.