Can I Get My DWI Charges Dismissed or Reduced to Reckless Driving?
Texas DWI charges especially for a first-time offense, can be dismissed entirely or lowered to a less serious charge such as reckless driving. This is how to get the best possible outcome fighting to get a DWI dropped.
Will a DWI lawyer get a better outcome, and is it worth the cost for a first offense DWI in Texas? With average attorney fees at $1,329 and other legal costs which can often make the price higher, it is understandable many drivers may not be able to afford a lawyer for a DWI case.
Fortunately, free local pro bono DWI lawyers are often available for drivers who wish to fight the DWI charges to get reduced or dismissed, but are struggling with finances to afford legal fees on a private TX DWI defense lawyer.
DWI vs. DUI in other states is drastically different in what happens for a first offense. Texas has consistently ranked as the top 3 toughest states on DUI and DWI charges for the last 10 years. Under the strict and expensive new 2023 laws in Texas, many people think DWI cases are “open and shut” in court, however nothing can be more false in reality.
Experienced local Board Certified DWI defense lawyers know the many number of ways in how the prosecutor attorney’s case can go wrong in court. Most of the best DWI defenses are built upon finding police report technicalities or improper breath/blood test protocol, that will result in a full dismissal or drastic reduction to the seriousness of DWI charges which also keeps legal fees cheap.
Furthermore, a free online arrest review will identify DWI defenses that work for the best way how to get a DWI surcharge dropped in Texas that is specific to a driver’s own arrest and case circumstances, which results in keeping legal costs low as possible.
- DWI vs DUI Texas
- Why Breathalyzer Test Results Are Not Always Accurate
- Examples Of How DWI Charges In Texas Are Being Dismissed
- How Types Of DWI Charges Can Be Reduced With Plea Bargaining
- Can You Try To Negotiate A DWI Plea Deal Without A Lawyer?
- What Happens If I Just Plead Guilty To DWI, Or I Refused The Breath Test?
- What To Expect For The Cost Of A DWI Lawyer Near Me?
Due to all the science involved now with blood alcohol content (BAC) and drug testing, driving under the influence or intoxicated by drugs charges are some of the most technical and complicated criminal offenses to prove. Every Texas Board Certified DWI lawyer nearby will know exactly how to use blood test results to a driver’s advantage, so the local legal system works in your favor and will get the best possible results at your next county court date.
Please do not give up hope, even if you failed the breath or blood test after the arrest at the police station or hospital. Never plead guilty to a DWI until after you have contacted us first, since we can immediately review your arrest online free of charge. There is way too much in both costs and consequences at stake with essential time that can be lost, without knowing all your true options to possibly get the charges dropped altogether. We provide you personal service with answers in real-time 24/7 for anyone who contacts us for help.
Local DWI Defense In the News 2023: An Austin man waited 3 years to go on trial for DWI charges. Now, the DWI case is dropped and the District Attorney is apologizing. (Source: https://www.kvue.com/article/news/local/austin-texas-harold-mitchell-dwi-case-dropped/269-ec43a59f-3a4b-4125-8518-d5b81fcc1099)
Once a person who has recently been arrested gets a free local DWI attorney review to determine the best course of legal defense action to take, the next step can also involve quickly reaching an agreement to resolve the DWI case with the county court prosecutor with significantly reduced charges. This positive case outcome will also drastically keep legal fees low and at a bare minimum for a recent DWI charge that is still pending in court.
DWI vs DUI Texas: Are you sure your case can be proven?
The primary difference between DWI vs DUI is related to whether a driver is under the age of 21 or not. Texas state law requires a driver that is 21 years of age or older and over the legal intoxication limit of .08 blood or breath alcohol concentration, can be charged with a DWI. This same law also extends to drivers over 21 who get arrested for driving while impaired by Marijuana or other drugs, including prescription medicine.
When a person who is under the age of 21 is stopped by police and has alcohol in their system at the time of the traffic stop, consequently a driver under 21 will then get charged with DUI. One of the major differences between DUI and DWI is that it doesn’t matter if a driver under 21 is over the legal alcohol limit of .08 BAC or not. Under Texas legal code, it is still illegal for a driver below the age of 21 to operate any vehicle while any amount of alcohol is in their system. This DUI law is determined by the “zero-tolerance” policy in effect for every city and town in Texas.
Remember: no matter what the DWI test results were for alcohol, prescription medicine, illegal drugs or Marijuana, you are innocent until proven guilty in court. It is the prosecution attorney’s job to prove every element of the charges against a driver. If they are unable to do this beyond a reasonable doubt, the law requires that these charges against you must be dismissed in court. This is precisely what free legal advice after an online DWI arrest review provides for people every day.
DWI Texas charges are serious even when it’s a DUI offense for being under 21. Both DWI and DUI will affect a person’s life for several years after a first offense conviction or guilty plea. Expect DWI attorney free legal advice will explain your best defense options based on what happened during the arrest, and let you know the best chances for ways how to get a DWI dropped. What you choose to do next then is entirely up to you being back in control, while having the piece of mind being in an informed position then to make the right decisions based upon your own situation.
Why Breathalyzer test results are not always accurate.
At first after a DWI arrest, it may seem like the case against you will be easy to prove if you failed a Breathalyzer or field breath test after the traffic stop. However, it is not true that you will be found automatically guilty, or even that it will be easy for the police or prosecutors to prove the case in court.
The top 3 factors which can result in false or inaccurate Breathalyzer test BAC readings, include:
- Police error.
- A driver’s own unique attributes or medical conditions.
- Faulty breath test equipment, or the device is not properly maintained.
Even in the cases when the breath test results are accurate, the machine can only record a person’s blood alcohol content (BAC) level at the time a driver took the test. In reality, you may have actually been under the legal limit of .08 BAC at the time you were driving, and only blew over the legal limit later on after taking the test.
After examining the arrest details, we will know what to look for and be able to help determine if the BAC results of your breath test might be unreliable to use in court as evidence against you.
Other examples of how DWI charges in Texas are being dismissed.
It is not at all uncommon for many people facing a DWI as a first offender, to not feel convinced that a DWI lawyer could be able to get the charges dismissed. To help explain how the right attorney can help accomplish this outcome to happen, we have outlined a few more ways in which we may be able to help you get out of the offense.
- The attorney for the prosecution is likely basing most of the case on only a certain piece of evidence, which is usually just the DWI breath or blood test BAC results. We could be able to prove valid reasons why the evidence against you was not collected properly, and get it suppressed as evidence against you.
- Additionally, we may be able to prove reasonable explanations that any signs of intoxication that an officer observed, were not due to using drugs or alcohol.
- There are a number of strong defenses that can reduce or drop the charges, and how each legal tactic can apply to different types of cases. Before even considering entering a guilty plea and enduring all the penalties that will happen, have your case reviewed online to see what we can do for your own set of circumstances.
- If there is any way discovered within the arrest details for the charges against you to be dismissed, we will be able to find it.
Recent articles covered in both the news and social media have reported how first-time offender Texas law is always changing, and therefore so are the ways in how to deal with the charge successfully.
How other types of DWI charges can be reduced with plea bargaining.
In certain types of 2023 DWI and DUI cases where it is more serious or complicated to fight, the most valuable thing a defense lawyer can do for you is get a plea bargain deal to a less serious offense with the prosecuting attorney. With plea-bargaining drunk and drugged driving cases in Texas, the prosecution agrees to reduce the charges against you in exchange to you pleading guilty to the lesser offense, usually reckless driving.
Here is an updated chart outlining the August 2023 penalties for a first driving while intoxicated (DWI) offense in Texas and some potential remedies that a trusted local DWI lawyer can help with:
|Fine||You may be fined up to $2,000.||A good lawyer for DWI nearby may be able to negotiate a lower fine on your behalf.|
|Jail time||You may be sentenced to up to 180 days in jail.||An expert local DWI attorney is often able to negotiate a alternative sentence that involves probation or community service instead of jail time.|
|License suspension||Your license may be suspended for up to 2 years.||The best DWI license revocation lawyers in TX are able to help you navigate the process of getting your license reinstated and very likely able to negotiate a shorter suspension period.|
|Community service||You may be required to perform community service.||A trusted lawyer for DWI lawyer near you can provide you with guidance on how to complete your community service requirements and possibly even get them lowered or elimated.|
|Alcohol education classes||You may be required to complete an alcohol education program.||A Board Certified local DWI attorney can help you understand the requirements for completing an alcohol education DWI class program and may be able to negotiate a shorter or more convenient alternate program.|
|Ignition interlock device||You may be required to install an ignition interlock device on your vehicle.||A top local first offense DWI lawyer can provide you with information on how to use and maintain an ignition interlock device and often able to negotiate a shorter period of time that the device is required, or avoid having the interlock installed entirely.|
Note that these are just some potential remedies that a preeminent DWI lawyer near you can help with in the event that you are facing these penalties for a recent first DWI offense in Texas.
It is important to note that a prosecution attorney will not just agree to reduce your charges only because you asked. Since the 2023 first offense DWI laws have become so severe in every state of the country, political pressure and organizations such as MADD have put enormous pressure on the court to not negotiate a plea bargain to lesser charges for any DWI offender.
So an average defense lawyer being able to make a quick and easy deal with the prosecution, is something that does not happen as often as it used to. This is why we at FightDUICharges and the expert DWI lawyers who specialize in this complex field of law, realize the importance of making the primary focus for every case – a full dismissal in court.
However being able to negotiate a DWI plea deal to lower charges is still a possibility with certain types of cases, that will always depend on the specific arrest circumstances of each individual. When we can find the certain weaknesses in the prosecution’s case, we know the ins and outs of the legal process to open the possibility of getting a lesser plea, and how to negotiate on your behalf to reduce the charges against you.
When a less serious offense such as reckless driving can be worked out, this can have the best long-term benefit to many drivers. This is because unlike a DWI offense which will stay on a person’s criminal background for life, a reckless driving charge can later get expunged so it does not limit a person’s future with it forever showing up in a background check.
Can you try to negotiate a DWI plea deal without a lawyer?
Should you try negotiating a DWI charge down by yourself, it is never a good idea to try to negotiate a plea bargain without hiring a lawyer. Not only is it unwise to try to navigate any serious criminal offense like this without expert legal counsel and advice, you will also only have this one chance at getting a plea bargain, and do not want to risk wasting it. When a person tries to fight a DWI case without a lawyer, the prosecutor attorney will be fully aware from the start that you are attempting to negotiate a plea deal from a severe position of weakness.
Without an attorney to review the value of any potential plea offer to lower the DWI charges, you may end up taking a plea bargain offer which ends up being not at all what you had first hoped for, or even fully understood the repercussions of to begin with.
With our experience, we will provide you with the knowledge of the complex local laws and procedures, and how they apply to your own particular arrest scenario. We will conduct any possible plea negotiation with the legal expertise needed drop the seriousness of a DWI offense.
If and when a plea bargain will be in your best interest, we will get you the best result at your court date. When a driver is able to obtain our free online help in enough time after getting arrested, they greatly increase the chances of securing the best possible outcome for reducing or dropping a DWI case.
Driving while intoxicated is an extremely complicated and specialized area of Texas law that will need a great amount of skill and courtroom experience to understand what the legal issues to challenge may be as it relates to your case. The following are a few areas in which we help to fight the evidence:
- Can the prosecution attorney prove the driver was actually operating of the vehicle at the time of the offense?
- Was there probable cause to believe a person was trying to drive, or for example, were they sleeping in a parked car to stay warm?
- Were any breath or blood test devices used properly maintained under the required state and local law DWI testing procedures?
- Was the Breathalyzer in proper working order at the time of arrest and calibrated according to the specific manufacturer instructions?
- How long after the traffic stop did police test a driver?
- Were there any violations to a driver’s rights when police first ordered a breath or blood test sample?
- Were the observations made by the officer a vague predetermined bias of DWI, such as a driver having red or irritated eyes?
- Did confusion of the new laws for testing a driver for drugs and alcohol cause the officer to make any procedural mistakes?
As previously mentioned, the list above is only a small number of the types of facts we will look at in reviewing a driver’s arrest, to find the best proper defense for how to get out of Texas DWI charges effectively in court. Please contact us online or call us today at (866) 256-0566 for an arrest review at no cost before making any decision that will not only result in expensive consequences, but will greatly affect your ability to drive to work, travel, and support yourself and family.
We can help fix your own situation, but the time to act is crucial for maximizing the chances of success and keeping any legal costs low. You are already very much aware of this fact, since towing and other related fees for this charge accumulate very quickly, near immediately after the arrest.
What happens if I just plead guilty to a DWI to get this all over with faster, or if I refused taking the breath test?
Many drivers who find themselves unexpectedly being charged with a DWI for the first time, wrongly believe that this arrest is not a true criminal offense, in the same serious way perhaps a violent crime would be viewed by the court.
While it is partially true a DWI charge might not have the stigma as other types of high profile criminal offenses, driving while intoxicated has very serious consequences which in reality, are sometimes even far more costly than certain violent crimes.
Regardless of whether the offense is a misdemeanor or felony DWI, or was for refusing to take a breath test sample, all will have the serious penalties and high fines if convicted, that also will result in a permanent criminal record for life. Speaking to us in time early enough after an arrest has taken place, may prevent a conviction from ever happening.
Most importantly, this particular criminal offense has very unique and directed consequences on a driver ’s life. The first serious punishment to happen is having a suspended driver’s license for a minimum of 1 year on average. Once a person does get a license back, the other most impactful and somewhat newer penalty, is having to get the Ignition Interlock installed and pay for all of this device’s costs as well. Luckily, we are proficient in the most up-to-date methods to possibly prevent this.
On top of all those first DWI consequences to happen in Texas, is later on how car insurance rates will now double, and sometimes even triple after a conviction under the new state laws. Many auto insurance companies will outright refuse to cover a driver that has any DWI or DUI conviction today. This in turn, forces that individual to have to buy high risk car insurance, and pay several thousand dollars more over the course of the next 5 years with these fixed higher rate fees in place.
Given the mandatory punishments required for convicted first-time offenders, it is imperative never to plead guilty until you are fully aware of every defense option truly available based upon your own specific case circumstances. Just as important, is knowing precisely what the immediate and long-term consequences will be if you get convicted in your local court. Fortunately, we can help to avoid a suspended license and having to enter a DWI guilty plea for many drivers facing a first-time offense.
What to expect for the cost of a DWI lawyer near me?
Besides all the common reasons why it is so important to hire a DWI attorney when facing these charges, driving while intoxicated by alcohol or under the influence of drugs carries with it fixed costs and mandatory consequences in comparison to many other types of misdemeanor traffic and criminal offenses.
Today for most people arrested for DWI and DUI related charges, the long-term effects of a conviction will far outweigh the immediate cost of a fine or punishment. Upon a finding of guilt for a first offense, insurance rate premiums will skyrocket, and there will be a mandatory driver’s license suspension for a period of 6 months to one year on average.
This will also include other newer mandatory court-ordered programs by the government to get a license back early, such as needing to get the Ignition Interlock Device system installed in every vehicle a convicted person will be driving. All of these new penalties come with considerable expense that quickly adds up to thousands in costs, and grueling inconvenience to those people who depend upon driving a car for work and daily life activities.
The straight truth many other attorneys will never admit to is, there is no cheap way to deal with DWI charges anywhere in Texas. However, even though the cost of a good lawyer’s fees may not be inexpensive, they will absolutely be far less by several thousands of dollars in comparison to the total money spent on fines, classes, using an Ignition Interlock, and the high insurance rates if a conviction were to happen.
Additionally, all local Board Certified DWI lawyer specialists with us have flexible low payment plans to work within each person’s budget, so every driver can always afford to get the best defense possible to win and get out of the case effectively.
With our local free legal advice online DWI help you will know exactly what to expect a lawyer to cost, and how to get a DWI charge dropped or reduced to reckless driving in:
Deaf Smith County
El Paso County
Fort Bend County
Jeff Davis County
Jim Hogg County
Jim Wells County
La Salle County
Live Oak County
Palo Pinto County
Red River County
San Augustine County
San Jacinto County
San Patricio County
San Saba County
Tom Green County
Val Verde County
Van Zandt County
Fair Oaks Ranch
Gun Barrel City
Homestead Meadows North
Homestead Meadows South
Hunters Creek Village
North Richland Hills
Rio Grande City
West University Place
Texas First DWI Defense, Laws August 2023 Additional Legal References:
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.