To get a DWI reduced in Texas, you or your DWI lawyer must negotiate with the prosecutor or petition the court to have the charges reduced or thrown out. A DWI reduction will decrease the severity of the charges and penalties that you face or, in the best possible scenario, the prosecutor or a judge will agree to dismiss all charges pending against you.
Why Should I Try to Get My DWI Reduced?
In Texas, the penalties for a DWI conviction can significantly disrupt your life.
Even a first-offense DWI could put you behind bars. You will also face expensive fines, court costs and fees, and a lengthy suspension of your driver’s license. And because a DWI conviction is usually not eligible for expunction, you will need to contend with a permanent criminal record that can interfere with your ability to get a job, obtain affordable car insurance, or even rent an apartment.
You could also face an extended jail or prison sentence depending on the circumstances surrounding your arrest. If you had an excessive blood alcohol concentration (BAC), if you had a minor passenger or open container, or if you have prior DWI convictions, you may even face felony charges.
Getting drunk driving charges reduced or thrown out is the best way to minimize or eliminate the potential damage and disruption of your life. It may also be the only way for you to stay out of jail.
Why Would the Court or Prosecution Consider Reducing a Texas DWI?
Texas takes a strong stance on drunk driving and, sometimes, that zealous approach can lead to a wrongful arrest or charges.
In some cases, the police may violate your legal rights or make critical errors in handling your arrest. In other cases, problems with chemical BAC testing can lead to mistakes that may invalidate key evidence.
If you can demonstrate these errors to the prosecutor or the court, it can provide leverage for negotiating a lesser charge or the dismissal of your case.
What Is the Process for Getting a DWI Reduced in Texas?
DWI reduction lawyers begin by scrutinizing the evidence in your case, looking for any errors the police or the technician that conducted chemical testing for BAC made.
For example, the police may have lacked reasonable suspicion for pulling you over or probable cause for placing you under arrest.
Or, if the technician administering a breathalyzer test lacked the proper certification, this can provide a powerful tool for negotiating with the prosecutor for lesser charges.
If the prosecutor refuses to consider a reduction in your DWI charges, our team may be able to petition the court to dismiss your charges.
Can I Get an Underage DWI Reduced in Texas?
If you face an underage drunk driving charge, you also have options for getting the charges reduced.
Typically, prosecutors pursue DUI charges for drivers under the age of 21 who register any detectable BAC. However, if your BAC tested at 0.08 or above, the police may have charged you with the more serious offense of DWI.
With the right evidence and approach, a DWI reduction lawyer may successfully negotiate with the prosecutor to reduce that charge to DUI. Your lawyer may then convince the court to defer adjudication or allow you to participate in a diversion program.
The successful completion of a deferral or diversion program may allow you to avoid having a permanent criminal record for a Texas drunk driving conviction.
What Reduced DWI Charges Are Available?
If errors in your case lead the prosecution to believe that getting a conviction would be difficult or impossible, it may offer a reduced charge that carries less severe penalties.
- Obstruction of a passageway
- Reckless driving
- Public intoxication
Although these charges may still result in fines and other penalties, you can avoid having a DWI on your permanent record.
How Can a DWI Lawyer Help with Getting Drunk Driving Charges Reduced?
When you trust attorney Randall Isenberg and his team to assist you in pursuing a DWI reduction, you can rest assured that we will protect your legal rights and do everything possible to achieve a favorable outcome in your case.
With more than three decades of experience in the Texas criminal justice system, Randall has unique insight that we will put to work on your behalf. We will answer your questions and explain your options, so that you can make the best choices for your future.
To schedule a no-cost, no-obligation consultation with the team at the Law Offices of Randall B. Isenberg, contact us today at 214-696-9253.