Being charged with a DWI can be a frightening and overwhelming experience. The potential penalties for this crime can feel insurmountable. However, it’s imperative to understand that you have rights. Please continue reading as we explore how an experienced Dallas DWI Lawyer can help you navigate your legal options and fight for the best possible outcome for your case. 

How is DWI Defined in Texas?

In Texas, a Driving While Intoxicated (DWI) charge is warranted when an individual operates a vehicle while their blood alcohol concentration (BAC) is 0.08% or higher. However, if you operate a vehicle with any amount of alcohol in your system and law enforcement determines it has impacted your ability to drive safely, you can still face DWI charges. This is also the case for motorists under the age of 21 as Texas implements a Zero Tolerance Policy to deter underage drinking and driving. This means that underage drivers found behind the wheel with any amount of alcohol in their system will automatically be charged with a DWI.

It’s important to note that you don’t need to be driving a car to face DWI charges. For instance, if you are sitting behind the driver’s seat with the engine running, even if the car isn’t moving, you could be charged with a DWI. In addition, you could be charged with DWI if you have the keys in your pocket or somewhere within easy reach because you will be considered in control of the vehicle.

The penalties for driving while intoxicated are severe and based on prior convictions and other aggravating factors. Upon a conviction, you can face steep fines, community service, a driver’s license suspension, DWI intervention or education program, and jail time. You should keep in mind that a conviction for DWI will stay on your record as it cannot be expunged.

Can I Get a DWI Charge Reduced or Dismissed?

If you are facing a DWI charge in Texas, the situation can feel hopeless. However, it’s crucial to understand that you have legal rights and options. Working with a seasoned criminal defense attorney is in your best interest, as they can help you develop a strong defense strategy. They can present mitigating factors that can lead to a reduction in penalties or dismissal of the charges against you.

One of the most effective ways to get the charges reduced is through a plea bargain with the prosecution. This is a legal arrangement in which a defendant pleads guilty to a crime in exchange for a reduced sentence or other concessions. Despite a plea deal resulting in a criminal conviction, the charges and the penalties will be less severe than those typically associated with a DWI.

However, this is not the only option. Depending on the unique circumstances of your case, your attorney can challenge the evidence collected at the scene to have your charge reduced or even dismissed altogether. Factors that may lead to a reduction or a dismissal include:

  • Evidence issues (illegally obtained)
  • Procedural errors
  • Violation of rights
  • Lack of probable cause

At Spangler Law, we are prepared to help you fight for the best possible outcome. Contact our firm today for advice and skilled representation during this difficult time.