A DWI charge in Texas can have a significantly negative impact on your life. Not only does a conviction result in time behind bars, costly fines, and the loss of driving privileges, but a permanent criminal record can ruin your professional reputation and personal life.
Fortunately, it is possible to get a Texas DWI reduced. A criminal defense attorney can negotiate with the prosecution or petition the court to lessen the charges and/or penalties—or even dismiss your case entirely—before a case goes to trial. While there are several factors which the prosecutor or judge considers in order to agree to a plea bargain, your chances of getting your DWI charged reduced increase if there are weaknesses in the prosecution’s case.
The following are several factors the prosecutor will take into account before offering or accepting a plea deal:
- This is your first DWI offense
- Your criminal record is clean
- Your blood alcohol concentration (BAC) test results were either at or just below the .08 legal limit
- You refused to take a chemical test, which means there is no breath or blood sample
- Police made in an improper traffic stop or failed to establish probable cause
- Police improperly administered a chemical or field sobriety test
- The DWI didn’t result in an accident or injury
- You were coherent and respectful on police video
- There is evidence of law enforcement misconduct
If there are errors or weaknesses in the prosecution’s case that make it difficult to obtain a conviction, the prosecutor may offer a reduced charge which carries fewer penalties. Some possible alternatives include a reckless driving charge, an obstruction of a passageway charge, or a public intoxication charge.
A first-time DWI conviction in Texas is considered a misdemeanor, resulting in a jail term of up to 180 days, a maximum fine of $2,000, a driver’s license suspension for up to one year, and other penalties. By contrast, a reckless driving conviction carries a maximum jail sentence of 30 days and a fine of up to $200.
Although obstructing a highway or other passageway has similar penalties with a DWI conviction, this crime can be expunged from a Texas criminal record. Additionally, there is no surcharge to regain your driving privileges and SR22 insurance requirement.
Public intoxication is a misdemeanor that results in a maximum fine of $500. However, a third charge after having two previous convictions for public intoxication carries the same jail term and fines as a DWI.
If you have been arrested for a DWI in Texas, The Law Office of Rene A. Flores PLLC is committed to helping you get the best results possible in your case. Our Hidalgo DWI attorney can review your case, determine if there are any weaknesses in the prosecution’s case, and develop an effective defense strategy to either get your charges and/or penalties reduced or your entire case dismissed.
Contact us at {F:P:Site:Phone) for a free phone consultation to discuss your case with our experienced legal team today.