Upon conviction for a DWI in Garland, you will face huge fines, the suspension of your driver’s license, and even time in jail. Worse, you will have a permanent criminal record.

Fortunately, a DWI reduction lawyer in Garland may be able to help.

The Law Offices of Randall B. Isenberg provides professional legal representation for clients facing drunk driving charges. Our team will protect your legal rights and fight tirelessly to obtain the best possible resolution for your case.

Call us today at 214-696-9253 to learn more.

How Can a DWI Reduction Lawyer in Garland Help You?

A DWI reduction lawyer helps clients get their drunk driving charges reduced or dismissed.

Different types of Texas DWI offenses carry varying levels of charges and penalties. The charges you face will depend on your prior criminal record and the specific circumstances of your case.

Some basic drunk driving offenses carry misdemeanor charges while others carry felony charges. Chapter 12 of the Texas Penal Code (TPC) lays out the various penalties for DWI in Texas.

Whatever level of penalties you face, DWI reduction lawyers work to have your charges reduced or dismissed. They accomplish this by identifying weaknesses in the prosecution’s case and using those to negotiate for a more favorable outcome for you.

Some of the strategies that DWI reduction lawyers use to accomplish these goals are as follows:

Reduce DWI Charges to Reckless Driving Charges

Your DWI lawyer may attempt to negotiate for reckless driving charges which, in Texas, carry fines up to $200 or up to 30 days in jail. These penalties are substantially less harsh than those associated with a DWI conviction.

Reduce DWI Charges to Obstruction of Passageway

Your DWI reduction lawyer may attempt to negotiate with the prosecutor to decrease your charges to obstruction of a passageway or highway, a Class B misdemeanor. The prosecutor may agree to this reduction in charges if he knows his case against you is strong but not airtight.

Eliminate DWI Charge >Enhancements

The prosecutor may pursue enhanced charges if you had an open container of alcohol in your car, if you had a passenger younger than 15, or if your blood alcohol concentration (BAC) was 0.15 or higher. Enhancements typically elevate standard DWI charges to the next tier offense. We may be able to convince the prosecutor to drop these enhancements.

Reduce Felony DWI Charges to a Misdemeanor

Dropping a DWI felony charge to reckless or obstruction of passage may be too much of a stretch for the prosecutor. In that case, your DWI reduction lawyer may negotiate with the prosecutor to reduce your felony charges to misdemeanor DWI.

We may identify other strategies that are more appropriate to your case, depending on the circumstances and the evidence that the prosecution holds.

How Will My Lawyer Get a Reduction in DWI Charges?

The best way to approach your case will depend on several factors, including the details of your arrest. However, some of the most common strategies we use to get DWI charges reduced include the following:

Invoke the Sixth Amendment

In the Constitution, the Sixth Amendment guarantees all accused persons the right to a speedy trial. To push the prosecution to act, your attorney may file a motion giving the prosecution a deadline by which it must proceed to trial or dismiss your case. This can be an effective strategy for dismissal of DWI charges, especially if the prosecution requires more proof or more time to build its case.

Lack of Reasonable Suspicion

When an officer pulls you over for drunk driving, he must have reasonable suspicion that you were in violation of the law. If he pulls you over for DWI, he must believe that you are statutorily intoxicated. If the officer lacked reasonable suspicion, the judge may throw out any evidence obtained. The prosecutor understands this and, faced with the possibility of losing in court, may agree to a DWI reduction.

Lack of Probable Cause

After making a traffic stop, officers need probable cause to perform BAC testing. Officers often attempt to establish probable cause using field sobriety testing or roadside breath testing.

If your arresting officer did not follow the guidelines established by National Highway Traffic Safety Administration (NHTSA) for field sobriety testing or roadside breathalyzer testing, your lawyer can argue that the officer did not establish probable cause. This lack of probable cause can lead the prosecutor to reduce or even drop the charges against you.

Challenge Breathalyzer Testing Procedures

When the police perform breathalyzer BAC testing, they must follow established guidelines and regulations. They must also adhere to regulations for performing maintenance and calibration on testing equipment. Testing equipment operators must obtain training and certification as required by the Texas Department of Public Safety (TxDPS). Any deviation from these protocols can provide motivation for a reduction in your charges.

Challenge Chemical Testing Lab Analysis

If the police requested a blood test for BAC screening, the prosecutor must submit documentation to the court proving that the chemical testing lab complied with TxDPS standards for testing labs. Your lawyer may also question the chain of command of your blood evidence and whether the lab may have contaminated your sample. Challenging breath or blood test results can cause an entire DWI case to unravel.

Potential BAC Confounding Factors

A variety of factors can influence BAC testing and interfere with the accuracy of results. Prescription medications, certain foods and drinks, or mouthwash can cause a false positive breath test. Your lawyer may consult with BAC testing experts and obtain testimony to disprove your test results.

What If the Prosecutor Refuses to Reduce My DWI Charges?

In some cases, the prosecution may refuse to consider a DWI reduction. It may believe it has a strong case or it may want to prove a point about drunk driving. Although this is not the most desirable development, your DWI reduction lawyer will be ready to defend you in court, if necessary.

The prosecutor has a high burden of proof to meet, especially if you face enhanced charges. We will employ a variety of legal strategies to defend you in court, working to establish reasonable doubt and pushing the prosecution hard to support its burden of proof.

Choosing a DWI reduction lawyer from the Law Offices of Randall B. Isenberg —one who understands the Garland legal system and who knows how to mount a strong defense in court — can help provide a better chance that your case will end with an acquittal.

Schedule a FREE Consultation with a Garland DWI Reduction Lawyer

The DWI attorney you choose to represent you should have experience and a strong knowledge of the inner workings of the legal system in Garland. Look for a lawyer who will work hard for you, protecting your legal rights and building a strong case for your defense.

Attorney Randall Isenberg understands the process in ways that others may not, thanks to more than 30 years of experience as an attorney, prosecutor, and judge. This level of insight is what makes him uniquely qualified to assist you.

Do not take DWI charges lying down. Get help from a DWI reduction lawyer at the Law Offices of Randall B. Isenberg: 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Texas drunk driving laws are some of the harshest in the United States. In Garland, a second offense DWI charge carries much higher fines and more time behind bars than your first conviction. You might also lose your license for years. And, of course, your permanent criminal record will reflect your status as a repeat offender.

Protecting your legal rights is more important now than ever before. Seeking the services of a second offense DWI lawyer in Garland is a good way to ensure that you understand all your options and that you make the right choices for your future. Your attorney will help protect your legal rights and, if necessary, build a strong defense on your behalf.

To discuss your case, call the Law Offices of Randall B. Isenberg today: 214-696-9253.

How Can a Second Offense DWI Lawyer Help You?

If you thought your first DWI was rough, a second offense is likely to be significantly worse. In fact, the penalties for a second offense DWI in Garland are double those of a first offense DWI.

If you have a previous drunk driving conviction, you will face Class A misdemeanor charges for a second offense. And, because the penalties for DWI in Texas have no lookback period, that fact remains true no matter how long ago your first conviction happened.

If your blood alcohol concentration (BAC) was 0.08 or above (but less than 0.15), you might spend 30 days to a year in jail; you will spend at least 72 hours in jail upon conviction. You must pay a fine of up to $4,000 as well as all court costs and fees.

You will lose your driver’s license for at least six months, possibly up to two years. To restore your driver’s license, you must pay a surcharge of as much as $2,000 per year for 3 years.

And if the Texas Department of Public Safety (TxDPS) had previously suspended your license, you must wait at least 90 days before you can receive an occupational license.

The judge may also impose community supervision (probation) and community service. You may have to undergo rehab or alcohol abuse counseling and attend an alcohol awareness class. You will likely also have to install an ignition interlock device on your car.

What Strategies Can Your Lawyer Use to Fight a Second Offense DWI?

Entering a guilty plea to a second offense DWI in Garland is usually not a wise choice, based on the harsh nature of the penalties that accompany a conviction. This is why anyone accused of this crime needs an attorney on their side.

Your lawyer will likely attempt to negotiate with the prosecutor to have your charges dismissed or reduced.

Although accepting a plea bargain for a lesser charge may result in some unpleasant consequences, this option is often preferable to taking the risk of a second Texas DWI conviction. However, if your attorney can find sufficient problems with the prosecution’s case, convincing a judge to drop the charges is always a possibility.

If the court refuses to consider either of these options, we will build a case in your defense and fight your charges in court. Although this may seem like a risky proposal, the court’s burden of proof is high and makes establishing reasonable doubt a realistic possibility.

For example, the police officer who arrested you must have had reasonable suspicion to pull you over. Otherwise, the court could declare yours to have been an illegal traffic stop.

Once he pulled you over, the officer needed probable cause to request a chemical test for BAC. In Texas, police often use field sobriety testing to accomplish this goal. However, if the officer failed to follow the field sobriety testing guidelines established by the National Highway Traffic Safety Administration (NHTSA), the officer may not have legally established probable cause.

Likewise, unless your chemical BAC testing followed the NHTSA BAC testing guidelines as well as the BAC testing regulations established by the Texas statutes, the judge could declare your test results inadmissible in court.

In other words, never assume that BAC test results will guarantee a conviction in your case. When you have a second offense DWI lawyer on your side, you have a better chance of a good outcome in your case.

What Happens to Your Driver’s License After a Second DWI?

You may remember the Administrative License Revocation (ALR) hearing process from your first conviction. For a second offense DWI in Garland, you must participate in this process again.

TxDPS handles this administrative action, which is unrelated to the criminal aspects of your case.

Within 15 days of your arrest, your attorney must request a formal ALR hearing from TxDPS; otherwise, TxDPS will suspend your license and you will have to wait out the entire suspension period.

Your attorney will represent you at the ALR hearing, where you must testify under oath. We will ensure that you do not say anything potentially incriminating during the hearing, as the prosecutor can (and will) use this information during your criminal trial to secure a conviction.

Although you may lose your license for a second offense, your attorney can glean crucial information during the ALR hearing that can help your criminal case.

The arresting officer in your case must also testify under oath at the ALR hearing. This gives your lawyer the opportunity to question the officer, potentially identifying any areas of weakness in the prosecution’s evidence against you.

Protect Your Future. Call a DWI Lawyer in Garland Today.

Do not attempt to face these very serious charges alone. Look for an attorney who will not only protect your legal rights but who will fight tirelessly for you throughout the entire process.

Attorney Randall Isenberg of the Law Offices of Randall B. Isenberg brings more than 30 years’ experience to the table. Having spent time working as both a felony prosecutor and a state district trial judge, Randall has invaluable insight on how the process works from the other side, and he knows what it takes to get the job done for you.

We offer a complimentary consultation and case reviews for second offense drunk driving clients. Contact us today to schedule an appointment: 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253