A Texas DWI conviction typically means spending at least some time in jail, in addition to paying large fines, court costs, and fees. You will also face a lengthy suspension of your driver’s license. Worse, you will have a permanent criminal record, which may prevent you from getting a job or renting a house.
A DWI reduction lawyer in Rockwall can work on your behalf to get your charges dropped or reduced.
Attorney Randall Isenberg brings more than 30 years of experience to help clients facing drunk driving charges in Rockwall. He will work to obtain the best possible resolution for your case and protect your legal rights throughout the criminal process.
Call the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule a complimentary consultation with our team.
Why Do You Need a DWI Reduction Lawyer in Rockwall?
A DWI on your permanent record can negatively affect your entire future. However, you might be able to seek reduced charges or even convince the court to drop the charges entirely. However, most people do not have the knowledge required to handle this.
A DWI attorney has this experience and knowledge and can protect your legal rights and fight for your future.
By attempting to have your charges reduced or dismissed, we can potentially spare you from having to disclose a DWI every time you apply for a job or to rent a house. This can expand your prospects and allow you to live a normal life.
How Does a DWI Reduction Lawyer Reduce Drunk Driving Charges?
The strategies we may use to fight your charges depend on the specific allegations you face, your past criminal record, and the details of your offense.
Felony DWI Reduction to a Misdemeanor
In some cases, the prosecutor may not consider dropping a felony DWI or reducing the charges to a non-DWI crime. In that case, we can endeavor to negotiate for a reduction of your felony charges to a less severe misdemeanor charge.
DWI Reduction to Obstruction of Passageway
The “obstruction of a passageway or highway,” charge is, on paper, the same as a DWI (a Class B misdemeanor). However, this charge does not bring with it the same long-term consequences a DWI does. If the prosecutor believes he has a strong, but not impenetrable, case, they may consider reducing your DWI charge to this offense.
DWI Reduction to Reckless Driving
Defense lawyers rely on the “wet reckless” DWI reduction in many states. However, this is not applicable in Texas. Our state does have a reckless driving offense available, with penalties including up to 30 days in jail and up to $200 in fines. We can explore this possibility and determine if it could result in a better outcome in your case.
Reduce or Remove Enhancements to DWI Charges
Aggravating factors that could prompt the prosecutor to pursue extra charges include having an open container in your car, having a blood alcohol concentration (BAC) of 0.15 or higher, or having a passenger age 15 or below. These circumstances typically prompt the prosecutor to pursue a more serious level of charges or penalties. A DWI reduction lawyer can often convince the prosecutor to forego adding these enhancements.
Whatever strategy your DWI reduction lawyer elects to pursue, you can rest assured that it will be the one that offers the best chance of a positive outcome in your case.
What Legal Arguments Does a DWI Reduction Lawyer Use in Rockwall?
Texas laws place a high burden of proof on the prosecutor, to provide that you broke the law. A DWI lawyer will thoroughly investigate and analyze your case to identify potential areas that may allow challenges.
Some of the most common legal strategies and challenges we use include:
Failure to establish reasonable suspicion: Before the police stop a car for drunk driving (or any other offense), they must first establish a reasonable suspicion that the driver has broken a law. Should the police fail to establish reasonable suspicion, the court may declare any evidence obtained from the traffic stop inadmissible in your case.
Failure to establish probable cause: Once the police make a traffic stop, they must establish probable cause before making an arrest or requesting you submit to chemical testing for BAC.
The police typically use portable breath testing machines or administer a field sobriety test to establish probable cause. If the police did not follow established guidelines for these tests, such as those imposed by the National Highway Traffic Safety Administration (NHTSA) for roadside breathalyzer testing or field sobriety testing, we can argue that the police failed to establish probable cause.
Violation of legal rights: American citizens have the right to a fair and expeditious trial. If the prosecutor fails to move quickly enough, we might file a motion putting the prosecutor on notice to proceed to trial. In some cases, this can prompt the prosecution to dismiss the charges against you.
Illegal BAC testing: BAC testing for DWI must follow a clearly defined set of regulations and guidelines. If your BAC testing violated any of these guidelines, a DWI reduction lawyer may succeed in having the test results thrown out.
The police must maintain, calibrate, and test BAC equipment on a prescribed schedule. Testing technicians must have specific training and certification mandated by the Texas Department of Public Safety (TxDPS). If the police violated any of these standards, your lawyer may convince the court to disallow the results.
We have two Intoxilyzer 5000s at our office, so we know exactly how often they require calibration and maintenance and will use this knowledge to argue improper testing.
Faulty BAC analysis: If you submitted to blood testing for BAC, rather than a breathalyzer test, the prosecution must prove that the testing procedures and sample analysis complied with the standards imposed by TxDPS for blood testing labs. If the police or testing lab failed to uphold any of the standards, or if any problems existed in the chain of possession of your sample, we may use this to challenge the evidence.
False positive breathalyzer test: If you take certain medications, or if you consumed certain foods or drinks, it could affect your breathalyzer results. Asthma inhalers or even oral care products can also cause a false positive breath test. We can call on testimony from medical experts to make this argument.
Contact a DWI Reduction Lawyer in Rockwall Today for Help
Your future may hinge on choosing the right DWI reduction lawyer to help you fight drunk driving charges.
The Law Offices of Randall B. Isenberg provides professional representation to clients facing DWI charges in Rockwall. Contact us today to learn how we can fight for you to achieve the best possible outcome in your case.
Call today to schedule a free consultation: 214-696-9253.