Drunk driving is a serious crime that carries harsh penalties. If you are facing DWI charges in Texas, you may be wondering whether it’s possible to have the DWI charges against you reduced to a lesser offense. Please continue reading to learn what you should know about these matters and why connecting with a determined Dallas DWI Lawyer is critical if you are in legal trouble.
When is a DWI Charge Warranted?
In Texas, a person can be charged with a DWI if they are found operating a motor vehicle under the influence of drugs or alcohol. Essentially, you can face criminal charges if you are found behind the wheel with a blood alcohol concentration (BAC) at or over the legal limit of 0.08%. It’s important to note that you can face a DWI charge with any amount of alcohol in your system if a law enforcement official determines it has impacted your ability to safely navigate the roadways. Unfortunately, even a first-offense DWI in Texas can put you behind bars and strip you of your driving privileges.
Can I Get My DWI Charge Reduced in TX?
Unlike in other states, Texas prosecutors are allowed to offer reduced charges to some facing DWI charges. To have a DWI charge reduced, your lawyer must negotiate with the prosecution or petition the court. However, it’s important to understand that such an offer is contingent on several factors, such as:
- Whether this is your first DWI offense
- Whether you have a criminal record
- Your BAC level
- Whether or not you submitted to a chemical test (breath or blood test)
- Whether there is evidence that the police may have made an improper traffic stop
- Whether the police may have failed to establish probable cause
- Whether or not the police made mistakes in administering the chemical test or field sobriety test
- Whether you injured another or caused an accident
Depending on the aggravating factors, a prosecutor may offer a plea deal for a lesser offense like reckless driving or Obstruction of a Passageway or Roadway. A DWI reduction will decrease the severity of the penalties you face. This would mean your charge would fall to a lower level of criminal class, meaning you would face lower fines and jail time or avoid such penalties altogether.
Generally, working with an experienced lawyer is the most effective tactic for fighting DWI charges, as they can negotiate a plea bargain in which your charges are reduced in exchange for entering a guilty plea. However, pleading guilty may not be the best option. Depending on the strength of the prosecution’s case, you may be able to successfully fight the charges in court to avoid a conviction.
At Spangler Law, we are prepared to get started working on your case. Connect with our firm today to learn how we can help you negotiate a plea to a lesser charge since a conviction for DWI cannot be reversed.