You may have options to reduce your DWI charges, but your options depend on several important factors. In some cases, we may try to reduce your charges to aggressive driving. In other cases, if your BAC was above 0.15, we may fight to drop it below 0.15, reducing your penalties.
The following options may exist to reduce your DWI charges:
Reduce to Reckless Driving Charges
Unlike some states, Texas does not have a wet reckless charge to which defendants facing DWI may plead down. However, we have pleaded some cases down to reckless driving charges. Reckless driving, according to Texas Transportation Code §545.401, is when a driver operates a vehicle in a “willful or wanton disregard for the safety of persons or property.”
The penalties for a reckless driving charge are much lower than for DWI:
|DWI Penalties||Reckless Driving Penalties|
|Up to $2,000||Up to $200|
|Up to six months in jail||Up to 30 days in jail|
|1-year driver’s license suspension||30-day driver’s license suspension|
Many defendants face no jail time for a reckless driving charge. Talk to a lawyer at our firm to go over whether reducing your charges to reckless driving may be an option.
Drop BAC to Below 0.15
If we can convince the state to reduce your measured blood alcohol concentration (BAC) to below 0.15, it may allow you to petition for a non-disclosure. This lets you seal your records, which is important if you are applying for a job and don’t want potential employers to see your DWI charges.
Negotiate From Felony to Misdemeanor Charges
Sometimes we can negotiate with the state to drop a felony DWI to a misdemeanor DWI. And if you are already facing misdemeanor A charges (maximum one-year jail sentence), we may negotiate to drop them to misdemeanor B charges (maximum six-month jail sentence).
Negotiate the Terms of Your Sentence
If we cannot reduce your DWI charges, we may negotiate to reduce your sentence. For example, agreeing to alcohol treatment or community service may help us lower the length of your jail sentence, or avoid jail altogether and get probation instead.
Argue the State Failed to Proceed in a Timely Manner
You are entitled to a speedy trial. If we can demonstrate that the state failed to proceed in a reasonable amount of time, we may ask that the judge dismiss the case.
Defend You at Trial
In some cases, your case may go to trial despite our efforts to reduce your charges or fight to lower your penalties. We will argue for your acquittal on the DWI charges. Randall Isenberg is a former judge and state prosecutor; he is intimately familiar with the criminal justice system and has spent a lot of time in court rooms. He is well-equipped to build your defense and present your case at a judge or jury trial.
Do I Need an Attorney to Reduce My DWI Charges?
Although nothing in the Texas statutes requires you to have an attorney represent you for a DWI case, negotiating to reduce your charges on your own may pose significant challenges. A lawyer’s experience, legal knowledge, and familiarity with the justice system may benefit defendants hoping to lower charges or reduce penalties.
The Law Offices of Randall B. Isenberg serves DWI reduction clients in the Dallas-Fort Worth area. Call us at 214-696-9253 to set up a free case evaluation.