Share

Family and Criminal Law Blog

Monday, June 28, 2021

Can a DWI Be Reduced to a Lesser Charge?

Have you been charged with driving while intoxicated in Texas? A DWI charge is a serious matter. Conviction of DWI can mean large fines, a suspended driver’s license, and a criminal record that can jeopardize job and housing prospects. In fact, for a first offense alone, fines can reach up to $2,000. You can be sentenced to jail time for 3 to 180 days. You can lose your driver’s license for up to a year as well as being required to pay an annual fee of $1,000 to $2,00 for 3 years to retain your driver’s license. The stakes are high. If you are facing a DWI charge, it is time to explore ways to get that charged reduced.

Can a DWI Be Reduced to a Lesser Charge?

Texas differs from many other states that do not allow for plea bargaining in cases of impaired driving. Texas prosecutors can offer reduced charges to some facing a DWI charge. Such an offer, of course, will be contingent on a number of factors, such as:

  • Whether it was your first DWI offense
  • Whether you have a criminal record
  • Your BAC test results and the proximity of your BAC to the .08 legal limit
  • Whether or not you submitted to a chemical test such as a breath test 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 for the traffic stop
  • Whether the police made mistakes in administering the chemical test or field sobriety test
  • Whether you injured another or caused an accident

Depending on things such as the above factors, a prosecutor may offer you a plea deal for a lower charge such as reckless driving or Obstruction of a Passageway or Roadway. A lesser charge will mean that the charge will fall to a lower level of criminal class. This will likely mean that you will face lower fines and jail time or avoid such penalties altogether.

In the alternative to a plea deal, there are other possible ways to get your DWI charge reduced or thrown out. For instance, the state may drop the case, getting a “no bill” return at the indictment hearing. What this means is, essentially, that there does not appear to be enough evidence for the case to be effectively prosecuted at trial. This can happen when there is already a lack of evidence or when your attorney argues that some evidence should be tossed out as being flawed or the result of police misconduct.

Criminal Defense Attorneys

With a DWI charge, your future is on the line. Do not go it alone. At Navarrete & Schwartz, we provided the trusted legal counsel you need to fight your DWI charge. We are proud to serve the residents of Midland, Texas. Contact us today.


Archived Posts

2022
2021
December
November
October
September
August
July
June
May
April
March
February
January
2020
December
November
October
September
August
July
June
May
April
March
February
January
2019
December
November
October
September
August
July
June
May
April
March
February
January
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017


Navarrete & Schwartz, P.C. is located in Midland, Texas and serves the surrounding cities and counties, including: Odessa in Ector County, Andrews County, Martin County, Howard County, Winkler County and Crane County.



© 2022 Navarrete & Schwartz, P.C. | Disclaimer
505 N. Loraine Street, Midland, TX 79701
| Phone: 432-279-1479

Family Law | Criminal Defense | Adoption | Child Custody | Divorce | Paternity | Domestic Violence | Child Support | Stepparent Adoptions | Divorce Mediation | Assault | Felonies | Misdemeanors | Sexual Assault | DWI/DUI Defense | Burglary | Domestic Violence Defense | Spanish-Criminal Defense Overview | Drug Crimes | About Us

Law Firm Website Design by
Zola Creative


Skyline Photography by Steven Tippett Photography