By Jeff Kennedy
It’s scary being charged with a DWI. You will need to worry how the charge will affect your life, and down the road. As an attorney, i can tell you that if you are convicted, you will face many negative consequences. Some of these will include jail time, fines, probation, community service, loss of your license, and alcohol treatment classes.
Those are just the legal penalties of a DWI conviction in Texas. There are many other problems a drunk driving conviction can cause for life. For example, you will struggle to find employment for the rest of your life due to a DWI charge on your criminal record. If you were convicted of a felony, you will also lose some of your constitutional rights.
Can DWI Penalties Be Reduced?
Yes, but you need to choose a criminal defense lawyer, with experience handling DWI cases. This type of attorney is trained and educated to defend these types of cases.
They know how to negotiate with the prosecutor and get your charges reduced, but it will all be based on your case, criminal history, and what happened
More than likely, they will use a plea agreement to get your charge and potential penalties reduced, but it’s important to choose an attorney with the skills you need to negotiate your charges down. This is because negotiations are difficult, and an attorney with experience, and skill, understands how to pursue negotiations for a plea agreement.
I am an experienced DWI lawyer, and I know how to get your DWI reduced, and in some cases, dismissed.
Examples Of Strategies Used To Reduce DWI Charges in Texas:
- Challenging the Legality of the Traffic Stop: Reasonable Suspicion: Law enforcement must have a valid reason to initiate the traffic stop. If we can determine that the officer lacked reasonable suspicion, any evidence obtained can become inadmissible, which can potentially lead to a dismissal of charges.
- Scrutinizing Field Sobriety and Chemical Tests: Test Administration: Improper field sobriety tests or inaccuracies in chemical testing equipment can be a reason to challenge evidence. Other factors such as medical conditions or external interferences can also affect test results.
- Negotiating Plea Bargains: Charge Reduction: In some cases, it’s possible to negotiate a plea deal and reduce a DWI to a lesser offense, which can range from reckless driving or any other lesser offense. This is how penalties can be reduced which helps you avoid a DWI conviction.
- Exploring Diversion Programs: First-Time DWI Offenders can be offered a diversion program. These programs focus on rehabilitation rather than punishment. Successful completion of these programs can lead to reduced charges or even dismissal.
- Identifying Procedural Errors: Due Process Violations: Any violations of constitutional rights or deviations from proper legal procedures during the arrest process can be grounds for reducing or dismissing charges.
- Evaluating Evidence for Suppression: Illegally Obtained Evidence: If evidence was obtained in violation of legal standards, a motion to suppress such evidence can be filed, which may weaken the prosecution’s case.
- Assessing the Reliability of Witness Testimony: Credibility Challenges: Questioning the credibility of witnesses, including arresting officers, can be a viable defense strategy if inconsistencies or biases are identified.
- Considering Mitigating Factors: Personal Circumstances: Presenting mitigating factors, such as lack of prior offenses, good character references, or evidence of rehabilitation efforts, can influence the severity of penalties imposed.
- Conclusion:
While a DWI charge in Texas carries significant potential penalties, an experienced attorney can employ various strategies to challenge the charges and seek a reduction in penalties. If you’re facing a DWI charge, it’s crucial to seek legal counsel promptly to explore all available options for mitigating the impact on your life.