Wet reckless is a criminal traffic offense that amounts to reckless driving with alcohol present. It carries lesser penalties than a DWI, and as a result, is a popular defense strategy of DWI attorneys is to plead down to wet reckless. However, Texas, unlike many other states, does not have a wet reckless statute. To beat a DWI, you must get the DWI charge dropped or reduced to standard reckless driving.
A wet reckless defense lawyer in Frisco, TX from the Law Offices of Randall B. Isenberg can help you sort through your options to fight your DWI charge in Frisco, TX. We may be able to beat or reduce the charge, and if your blood alcohol concentration (BAC) was above 0.15 percent, triggering stiffer penalties, we can often get it dropped to a lower level. For a free case evaluation with a member of our dedicated defense team, call us today at 214-696-9253.
Options to Fight a DWI Charge in Frisco, TX
A DWI in Frisco is a serious offense carrying severe penalties. You could lose your license, pay a fine, and even go to jail. Texas does not take it easy on first-time DWI offenders or those with BACs only slightly higher than the legal limit. If you get convicted of DWI, you can expect major consequences, no matter the specific circumstances of your case.
We mentioned above that wet reckless is not a potential defense in Texas. But even with that defense strategy off the table, we still have several possible ways to beat or reduce your DWI charge in Frisco, TX.
Plea Down to Reckless Driving
While we cannot plead down to wet reckless, we may be able to get your DWI reduced to standard reckless driving in certain situations. A reckless driving charge in Texas carries substantially lesser penalties than a DWI, and it does not look nearly as bad on your criminal record.
Consider the penalties for a first-time DWI in Texas:
- Up to 6 months in jail
- Up to a $2,000 fine
- Up to a 1-year driver’s license suspension
- Up to a $2,000 annual fee for 3 years to reinstate your license
And compare those to the penalties for a reckless driving conviction:
- Up to 30 days in jail
- Up to a $200 fine
- Up to a 30-day driver’s license suspension
- No fee to reinstate your license
It is common for a defendant convicted of reckless driving to face no jail time at all. Meanwhile, it is much more likely that you will spend at least some time in jail if convicted of DWI.
A wet reckless defense lawyer in Frisco, TX from the Law Offices of Randall B. Isenberg can fight to get your charges dropped or reduced. For a free case evaluation, call 214-696-9253.
Dropping BAC to Below 0.15 Percent
When looking at potential penalties for a DWI conviction, the difference in a BAC above and below 0.15 percent is substantial. If you are facing DWI charges with a BAC above 0.15 percent, we may at the very least be able to have that level dropped to below 0.15 percent.
Dropping the Class of Your Charge
Depending on a host of factors, a DWI in Texas can get entered as anything from a Class B misdemeanor to a felony. If you are facing felony DWI charges , we may be able to work out a deal with the state to have it dropped to a misdemeanor. Similarly, if your charge is a Class A misdemeanor, which carries up to a one-year jail sentence, we can petition to have it dropped to a Class B misdemeanor, which has a maximum six-month sentence.
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Getting the Charges Dropped or an Acquittal
In many cases, we can poke holes in the prosecution’s case, creating reasonable doubt about our clients’ guilt. We may able to get your charges dropped or fight for an acquittal at trial which is an even better option than making a deal for a reduced charge or sentence.
There are several defense strategies we may use to cast doubt on your guilt. They include:
- Lack of Reasonable Suspicion: If the arresting officer did not have reasonable suspicion to pull you over in the first place (e.g., you did not break a law or have a defective vehicle component), then any evidence they obtained after that fact is not admissible in court. We will investigate to determine if the officer had grounds to initiate a traffic stop.
- Lack of Probable Cause: Once an officer pulls you over, they cannot request you take a BAC test unless they have probable cause that you are intoxicated (e.g., glassy eyes, slurred speech, unsteady gait, alcohol on breath). Again, we will investigate, and if the officer lacked probable cause, we can have the results of any test you took invalidated.
- Failure to Follow Proper Protocol: If the officer deviated from protocol at any point during your traffic stop or arrest, or if the machine they used to calculate your BAC was not properly calibrated, we may have grounds to demand that your charges get dropped.
For a Free Case Evaluation in Frisco, TX, Call the Law Offices of Randall B. Isenberg at 214-696-9253
Criminal defense attorney Randall Isenberg and his team are ready to get to work on your case today. We can help you beat a DWI charge in Frisco, TX, or have it reduced to a lesser offense. For a free consultation with a wet reckless defense lawyer in Frisco, TX, call us today at 214-696-9253.