Can you get your DWI charges reduced or even dismissed? For many clients, this possibility can become a reality when you work with a DWI reduction lawyer in McKinney. Not only can this help you avoid substantial fines and the possibility of jail time, but you can also prevent the permanent criminal record that comes with a drunk driving conviction.
The Law Offices of Randall B. Isenberg would like to offer you a complimentary consultation and case review, to answer your questions and help you explore your options for a reduction in your DWI charges.
With more than three decades of experience in the Texas criminal justice system, there is no doubt that Attorney Isenberg gets positive criminal case results. He will put his profound insight and depth of experience to work on your behalf, to help achieve the best possible outcome in your case.
Contact us today at 214-696-9253 to learn how we may be able to help you.
How Can a DWI Reduction Lawyer Help Me?
In McKinney, any DWI charge can have a significant impact on your life. Per the Texas Penal Code (TPC), the severity of the punishment you face for a DWI depends on your prior criminal record (if applicable) and any aggravating circumstances present at the time of your arrest.
Even a first offense DWI charge carries the potential of three days to six months in jail and a fine of up to $2,000. A second offense carries penalties ranging from one month to one year in jail and a fine of up to $4,000. Upon conviction for a third offense DWI, you will potentially face two to 10 years in prison and a $10,000 fine.
Likewise, if you had an accident – mainly if it involved property damage, injuries, or a fatality – you face the genuine possibility of a serious felony conviction. A DWI reduction lawyer works to identify potential problems with the evidence in your case or errors made by the police or BAC testing personnel. Using this information, your criminal defense team can negotiate with the prosecutor or file court motions to have your charges reduced or potentially even dismissed.
What Types of Reduced Sentences Can a DWI Lawyer Get?
At the Law Offices of Randall B. Isenberg, our DWI defense team will endeavor to get your charges reduced as much as possible. We will begin by analyzing the specifics of your case, as well as the prosecution’s evidence, and base our strategies on those facts. However, some of the most common DWI reduction approaches are as follows.
Reduce a DWI felony to a misdemeanor – To accomplish this objective, our legal team may use the information we discover to convince the prosecutor to reduce felony drunk driving charges to a misdemeanor. Often, the defendant needs to agree to plead to the reduced charges.
Reduce a DWI to obstruction of passageway charges – Another conventional approach involves getting your drunk driving charges reduced to the charge known as obstruction of passageway or highway. This offense carries class B misdemeanor charges, which may be preferable to the charges the prosecutor filed initially.
Reduce a DWI to “wet reckless” charges – You may have heard of this approach as a standard way to get DWI charges reduced. However, the Texas statutes do not offer this option. A misdemeanor reckless driving charge, however, may pose an attractive alternative to a drunk driving charge.
Reduce enhanced DWI charges – If your case involved aggravating circumstances, it could elevate your charges to the next level of severity. If our legal team cannot succeed in convincing the prosecutor to drop your charges, we may recommend negotiating to have the enhancements waived in your case.
How Will Your DWI Reduction Lawyer Make Your Legal Case?
Some of the most common strategies we use for convincing the prosecutor or the court to reduce the charges against you involve enforcing your legal rights or demonstrating how the police may have violated your rights at the time of your arrest.
Getting charges reduced is not simple and takes some research to successfully implement. You need to call a DWI reduction lawyer in McKinney as soon as possible so that we can build counterarguments to the charges: 214-696-9253.
Lack of reasonable suspicion – Unless the police have reasonable doubt that you broke the law in some way, they cannot legally pull you over. If we can demonstrate that the police lacked reasonable suspicion but pulled you over anyway, we may succeed in convincing the prosecutor to reduce or drop the charges. We can also petition the court to disallow any evidence the police subsequently obtained.
Lack of probable cause – During a DWI traffic stop, the police must establish probable cause to believe your Blood Alcohol Content (BAC) meets or exceed the statutory limits for drunk driving. Officers may employ a portable breath testing device or, more commonly, a series of field sobriety tests.
For these tests to legally establish probable cause, the officer must follow the field sobriety testing guidelines published by the National Highway Traffic Safety Administration (NHTSA) or the NHTSA guidelines for roadside breath testing. If the officer did not follow these guidelines, it could assist us in having your DWI charges reduced or dismissed.
Invalid BAC testing results – Chemical testing for BAC must follow established standards and guidelines for the results to be valid. The Texas Department of Public Safety (DPS) publishes standards for Breathalyzer technician qualifications as well as equipment maintenance and testing. If your test failed to comply with these standards, we could petition the court to have the results declared invalid.
Other factors may have affected your BAC test results, causing a false-positive reading:
- Medications
- Diet
- Mouthwash
Schedule a Free Meeting with A DWI Reduction Lawyer in McKinney
At the Law Offices of Randall B. Isenberg, we believe that you should never have to face serious criminal charges alone. We also think that you deserve answers to all your questions, to allow you to make the best possible decision for your future.
We offer a no-cost, no-obligation consultation and case review to clients facing drunk driving charges in McKinney. Contact us today at 214-696-9253 to schedule your consultation.