If you or a loved one is facing DWI charges, we can provide you with a DWI reduction lawyer in Dallas, Texas to protect your rights. We may be able to reduce your DWI charges depending on the circumstances of your arrest and other details of your case.
By reducing the charges against you, we can enable you to get home faster while spending less money and less time behind bars. Even if we are unable to reduce your charges, there are other paths our Dallas Criminal Defense lawyers can pursue to minimize the effects of DWI conviction on your life.
What Options Can We Pursue to Reduce DWI Charges?
Our legal strategy depends on the specifics of each case, such as:
- Whether or not this is your first offense
- The presence of other DWI-related charges (e.g., intoxication manslaughter) and how serious they are
- The strength of the case against you
- How old you are
These are some of the options we may pursue to reduce the charges you are facing:
Reduce a DWI to Reckless Driving or Obstruction Charges
TX Transportation Code § 545.401 defines reckless driving as driving “a vehicle in willful or wanton disregard for the safety of persons or property.” Meanwhile, roadway obstruction, per TX Penal Code § 42.03, is defined as blocking any road or pathway to which “the public or a substantial group of the public has access.”
Both reckless driving and obstruction carry less serious penalties than a DWI. For example, a reckless driving charge has a maximum sentence of:
- A $200 fine
- Up to 30 days in county jail
However, many people serve no jail time for this offense, and the administrative license revocation (that is, the amount of time you must spend without your driver’s license) lasts only 30 days. On the other hand, a first DWI conviction often comes with:
- A fine of up to $2,000
- Between 3 days and 6 months in jail
- A year-long driver’s license suspension
A second DWI increases these maximums, and a third charge is a felony offense. Felonies are the most serious charges of all, and the potential penalties can be life-altering.
We have successfully reduced the charges for other DWI clients in the past, thus allowing them to return to their normal lives sooner. However, if reduction is not an option in your case for any reason, a DWI reduction lawyer from our Dallas firm can investigate other options.
Reduce Felony to Misdemeanor
Alternatively, we may negotiate to reduce your felony DWI charges to misdemeanor charges. We could also pursue dropping Class A misdemeanor charges to Class B misdemeanor charges. Either way, this could lower the penalties you face considerably.
For example, per TX Penal Code §12.21 & 12.22:
- Maximum prison time for a third-degree felony is 10 years, while maximum jail time for a Class A misdemeanor is 1 year.
- Maximum jail time for a Class A misdemeanor is 1 year versus 6 months for a Class B misdemeanor.
- The maximum fine for a third-degree felony is $10,000. This is far more than the fine for a Class A misdemeanor ($4,000), which in turn is double the maximum fine for a Class B misdemeanor.
Furthermore, the more serious the charge against you, the more difficult it may be for you to expunge your criminal record down the line. By reducing the charges, we can make it easier for you to wipe the slate clean.
Reduce BAC Score to Below 0.15
If law enforcement measured your blood alcohol concentration (BAC) as 0.15 or above, we may fight to drop it to below 0.15. If successful, you may qualify to file a petition for non-disclosure, which essentially means you can seal your record from the public. A sealed record keeps potential employers and other interested parties from seeing the charges.
What Legal Maneuvers Can We Use to Fight or Reduce DWI Penalties?
Aside from fighting to reduce your charges, our team at Law Offices of Randall B. Isenberg could pursue case dismissal or acquittal at trial.
Filing Motion for Speedy Trial
We may argue that the state failed to proceed on your case in a timely manner. If the state fails to pursue the case within a certain period of time, we can ask a judge to dismiss the charges.
Negotiating Terms, Including Length of Sentence
We may negotiate with the state for a reduced sentence that minimizes the impact the DWI has on your everyday life. For example, we might be able to:
- Reduce your jail time by arranging for you to attend alcohol treatment classes or to do community service
- Allow you to serve probation instead of jail time
- Point out mitigating circumstances or persuade the judge that justice will not be served by a lengthy sentence
Fighting for Acquittal at Trial
If we are unable to get the charges dismissed or reach a plea bargain before trial, we can present your case in court, arguing for acquittal on your DWI charges. As a former judge and state prosecutor, attorney Randall Isenberg has significant experience in courtrooms and knows how to build and present your defense in front of a judge or jury.
To defend your rights in court, we will:
- Prepare and submit trial exhibits in a timely manner
- File motions and raise objections as necessary
- Locate witnesses to testify on your behalf
- Question our witnesses and cross-examine the prosecution’s witnesses
- Prepare and present opening and closing arguments
Fighting DWI charges can present many challenges, all of which our team can handle for you. By building a strong defense and fighting to disprove the state’s case, we may successfully convince prosecutors to file a lesser charge, which could drastically reduce the consequences of a conviction.
Speak with Us About Minimizing the Effects of Your DWI
Dallas DWI attorney Randall Isenberg is a former prosecutor and judge, so he understands both sides of drunk driving cases. We can use our experience to work within the system to negotiate for a charge reduction or lesser penalties. Call the Law Offices of Randall B. Isenberg today at (214) 696-9253 to schedule a free consultation.
