Yes, you can appeal a DWI in Texas.

When Can You Appeal a DWI Conviction in Texas?

Texas Code of Criminal Procedure § 44.02 establishes the right of the defendant in any criminal proceeding to appeal the court’s judgment.

The basis for appeal must typically be that the court incorrectly applied the law in some way or allowed some type of improper behavior, leading to a wrongful conviction. Some commonly cited errors used as the basis for a DWI appeal include:

• Improper conduct by the prosecutor
• Court rulings made in error
• Testimony that the court should have excluded

If you can demonstrate that the errors made in your case were significant enough — typically enough to potentially violate your legal rights — the court may agree to grant your request for a new trial.

How Do You Appeal a DWI in Texas?

To appeal a Texas drunk driving conviction, you must file a motion with the Clerk of the Court where your original trial took place. You may also file a Motion for New Trial, which will be your next step in the process if the court grants your appeal.

The clerk will forward your motion and all relevant documentation to the appropriate court of appeal. The appeals court will obtain the necessary information to consider your motion, including a subsequent appellate brief that you must file, explaining your justification for requesting an appeal.

Once the appeals court considers the evidence, the court will file its own brief and issue a ruling.

How Long Do You Have to Appeal a DWI in Texas?

Time is of the essence if you want to appeal a Texas DWI. Unless you file your motion within the statutorily allotted period, you will lose your right to appeal.

You have 30 days to file your petition.

If you miss the filing deadline, contact a Texas DWI lawyer immediately to explore any other potential options you may have.

What Happens if You Lose Your Texas DWI Appeal?

If you lose your first Texas DWI appeal, you may have another option.

Your first appeal proceeding will take place in one of the Texas Courts of Appeal, depending on the location of your original trial. If you wish to appeal the decision, you must file a motion with the Texas Court of Criminal Appeals.

Typically, you would only pursue the next level of appeal for a DWI if the court convicted you on felony charges with severe penalties, placing you in prison for decades or even for life. A DWI attorney can help you determine whether your case is appropriate for additional appeals.

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What Happens if You Win Your Texas DWI Appeal?

Once you win your appeal, the court will schedule a new trial for the original DWI charges.

Although you are not in the clear yet after an appeal, your DWI lawyer will have a clear understanding of the prosecution’s evidence and where the first case went wrong. And, while this does not guarantee any particular outcome in your case, you may stand a better chance of a favorable result the second time around.

In fact, your lawyer may try to negotiate with the prosecutor before the re-trial, to get your DWI charges reduced or potentially dismissed.

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Do You Need a Lawyer to Appeal a Texas DWI?

Although the state does not require you to have a DWI lawyer to handle your appeal or re-trial, consider the importance of having a strong legal advocate on your side.

The DWI appeals process is highly complex. So much so that many criminal defense lawyers lack a comprehensive knowledge of these proceedings. Missing deadlines or committing errors in court filings could jeopardize your appeal.

Court decisions occur every day that could affect your case and improve your chances of having the court grant your motion to appeal. A Texas DWI attorney can evaluate the facts and evidence of your case to determine the viability of a successful appeal in your case.

Get Free Advice from a DWI Lawyer Today

The Law Offices of Randall B. Isenberg provides comprehensive legal representations to individuals facing DWI and drunk driving-related charges in Texas.

With more than 30 years of experience as a state district court judge, chief felony prosecutor, and criminal defense attorney, Randall understands the inner workings of the Texas criminal justice system. He and his legal team will put this knowledge and experience to work on your behalf.

Our legal team will fight for your future, helping you achieve the best possible outcome in your case.

To learn more about appealing your Texas DWI conviction, call us today for a free consultation: 214-696-9253. We can answer any questions you may have and explain your options for appeal.

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Texas penalizes DWIs with potential jail or prison sentences, large monetary fines, and driver’s license suspension. The severity of your penalties will depend on your past record of drunk driving, your blood alcohol concentration (BAC), and any aggravating circumstances that may apply.

What Penalties Can I Expect for a Texas DWI Conviction?

Upon conviction for DWI in Texas, you face substantial fines, possible jail time, and a lengthy suspension of your driver’s license.

In addition, you must pay court costs and fees and attend court-mandated alcohol education classes at your expense. You might also face additional sanctions, such as:

• Supervised probation
• Community service
• Counseling or rehab

You may also have to install — and pay for — an ignition interlock device on your vehicle.

The specific charges and Texas DWI penalties you face depend on whether you have any prior drunk driving convictions and your blood alcohol concentration (BAC) at the time of your arrest. If your arrest involved any aggravating circumstances, or if you cause a drunk driving accident with damage or injuries, you will face more severe penalties.

Once convicted, you will have a permanent criminal record that can profoundly affect many parts of your life. In most cases, you cannot have the record of a Texas DWI conviction sealed or expunged from your record.

Penalties for a First-Offense DWI in Texas

For a first-offense DWI in Texas, you will face Class B misdemeanor charges (assuming you had a blood alcohol concentration (BAC) between 0.08 and 0.149), with penalties as follows:

• 3 to 180 days in jail
• Fines up to $2,000
• Driver’s license suspension up to 1 year

If your BAC registers at 0.15 or above, you will face Class A misdemeanor charges.

Penalties for Second-Offense DWI

A second-offense DWI in Texas carries Class A misdemeanor charges with the following penalties, with a BAC of 0.08 to 0.149.

• 30 days to one year in jail
• Fines up to $4,000
• Driver’s license suspension up to 2 years

If you had a BAC of 0.15 or above, you will face third-degree felony charges for a second-offense DWI.

Consequences of a Felony DWI Conviction

For a third-offense or felony DWI, and for any subsequent offenses, you will face third-degree felony charges and these penalties:

• 2 to 10 years in prison
• Fines up to $10,000
• Driver’s license suspension up to 2 years

How Do Aggravating Circumstances Affect Texas DWI Penalties?

You will face more severe Texas DWI penalties if your offense involved any aggravating circumstances.

For example, if you had a minor child (under age 15) in the car while driving drunk, you may face child endangerment charges in addition to the DWI charges. A conviction for child endangerment carries up to 2 years in state jail and fines of up to $10,000.

If you had an open container in the vehicle, or if you provided alcohol to a minor, you will face more severe penalties.

What Are the Texas DWI Penalties for Drunk Driving Accidents?

If you cause a wreck or accident while driving drunk, you could face years or even decades in jail.

For a DWI wreck with property damage, you will face drunk driving charges as well as reckless damage or destruction charges, a Class C misdemeanor. However, if the accident caused extensive damage, the prosecutor could pursue felony reckless damage and destruction charges.

If your drunk driving accident causes injuries, you will face intoxication assault charges, a third-degree felony that carries the following penalties:

• 2 to 10 years in prison
• Fines up to $10,000
• Driver’s license suspension up to 2 years

If you kill someone while driving drunk, you will face intoxication manslaughter charges, a second-degree felony with penalties as follows:

• 2 to 20 years in prison
• Fines up to $10,000
• Driver’s license suspension up to 2 years

If the victim was a first responder, you will face first-degree felony charges and the following penalties:

• Up to 99 years (life) in prison
• Fines up to $10,000
• Driver’s license suspension up to 2 years

How Does a Texas DWI Conviction Affect Your Criminal Record?

In addition to incarceration, fines, fees, and driver’s license suspension, a Texas DWI conviction remains on your record permanently. The penalties for having a DWI on your record, although not mandated by any statutes, can have a significant effect on your life.

Employers can deny your application for employment based on your conviction and landlords may refuse to rent you a house or apartment.

You cannot obtain or hold many types of professional licenses after a DWI conviction. Colleges and universities can also deny your acceptance. If your DWI conviction involved felony charges, the state may take away your right to sit on a jury, vote, or own a firearm in Texas.

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Can You Minimize or Avoid Texas DWI Penalties?

A DWI lawyer will protect your rights and work diligently to get your drunk driving charges reduced or dismissed.

Because of the potential severity of Texas drunk driving penalties, you should not make any decisions or enter a guilty plea without first consulting with a lawyer. We provide a no-cost, no-obligation case evaluation to help you make the best decision for your future.

Contact us today at 214-696-9253 to schedule your free consultation.

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To get a DWI reduced in Texas, you or your DWI lawyer must negotiate with the prosecutor or petition the court to have the charges reduced or thrown out. A DWI reduction will decrease the severity of the charges and penalties that you face or, in the best possible scenario, the prosecutor or a judge will agree to dismiss all charges pending against you.

There are a few ways to have a driving while intoxicated (DWI) charge reduced in a Texas court, and they include:

• You or a lawyer negotiating a plea for a lesser charge
• You or a lawyer requesting (also known as petitioning) that the court dismiss the charge

In certain cases, you may not be able to secure a plea deal that works for you, and the charges may not be dismissed (though these two outcomes are possible). A third option for getting a DWI reduced in Texas is to fight the charge in trial.

Explaining DWI Law in Texas

The term driving while intoxicated, commonly referred to by its acronym DWI, is the charge levied upon those who are found to be drunk or suspected of being drunk while operating a motor vehicle. In Texas, the basis for a DWI charge generally includes:

• You were operating a motor vehicle at the time of contract with a law enforcement officer
• You took a breathalyzer test or blood test that showed your blood alcohol concentration (BAC) was .08 or greater OR you refused to take such tests
• A law enforcement officer suspected that you were legally intoxicated, regardless of whether you consented to give a breath or blood sample
• A law enforcement officer suspected that you were under the influence of drugs other than alcohol while operating a motor vehicle

Whether you provided a breath or blood test that showed you were legally drunk at the time of your arrest or you refused such a test, you may be facing a charge of driving while intoxicated. In either case, you may have a chance at lowering the DWI charge. If you do not at least attempt to lower the charge, you could face serious consequences.

The Cost of a DWI Conviction

According to Section 49.04 of the Texas penal code, a first-time DWI conviction is a Class B misdemeanor. The Texas Politics Project asserts that if you are convicted of a Class B misdemeanor, then you could face:

• Up to 180 days (six months) in jail
• A fine of up to $2,000
• Suspension of your license for up to one year

There are several factors that could increase the severity of your DWI charge. For example, if you submitted a blood or breath sample that showed a BAC of .15 or higher, the DWI charge could escalate to a Class A misdemeanor. For a conviction of a Class A misdemeanor, you may face:

• A jail term of up to one year
• A fine of up to $4,000
• Suspension of your license for up to two years

If you have a child passenger in your vehicle at the time of your arrest, a conviction for DWI could be categorized as a felony. A felony conviction may result in:

• Between 180 days (six months) and two years in jail
• A fine of up to $10,000

If you get convicted of DWI, the costs levied by the court (both in terms of your potential incarceration and fines), are not going to be the extent of your conviction-related expenses. You may see additional costs from:

• Legal fees
• The cost of income you lost during your incarceration
• The cost of your reputation being damaged, which could result in difficulty gaining employment and housing, and paying higher insurance premiums

These consequences reinforce how important it is for you to attempt to have your DWI charge lowered.

Can a DWI be Reduced in Texas?

The ability to have a DWI charge reduced or dismissed may depend on the strength of, (or lack of) evidence against you. Some factors that may be in your favor when attempting to lower your DWI charge may include that:

• You refused to submit to a breathalyzer test or blood sample
• You do not have prior convictions for DWI or other criminal charges
• You were respectful in your interactions with law enforcement

It is possible that actions by the arresting officer or officers in your case may affect whether you can have your DWI charge reduced or dismissed.

It is also possible that – regardless of the evidence in your case – a prosecutor and judge could show leniency and agree to reduce your charge. Some charges that may be offered as part of a plea agreement could include:

• Reckless driving
• Obstructing a highway or other passageway

Each of these offenses may carry less serious legal consequences than a DWI conviction.

Why Should I Try to Get My DWI Reduced?

In Texas, the penalties for a DWI conviction can significantly disrupt your life.

Even a first-offense DWI could put you behind bars. You will also face expensive fines, court costs and fees, and a lengthy suspension of your driver’s license. And because a DWI conviction is usually not eligible for expunction, you will need to contend with a permanent criminal record that can interfere with your ability to get a job, obtain affordable car insurance, or even rent an apartment.

You could also face an extended jail or prison sentence depending on the circumstances surrounding your arrest. If you had an excessive blood alcohol concentration (BAC), if you had a minor passenger or open container, or if you have prior DWI convictions, you may even face felony charges.

Getting drunk driving charges reduced or thrown out is the best way to minimize or eliminate the potential damage and disruption of your life. It may also be the only way for you to stay out of jail.

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Why Would the Court or Prosecution Consider Reducing a Texas DWI?

Texas takes a strong stance on drunk driving and, sometimes, that zealous approach can lead to a wrongful arrest or charges.

In some cases, the police may violate your legal rights or make critical errors in handling your arrest. In other cases, problems with chemical BAC testing can lead to mistakes that may invalidate key evidence.

If you can demonstrate these errors to the prosecutor or the court, it can provide leverage for negotiating a lesser charge or the dismissal of your case.

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What Is the Process for Getting a DWI Reduced in Texas?

DWI reduction lawyers begin by scrutinizing the evidence in your case, looking for any errors the police or the technician that conducted chemical testing for BAC made.

For example, the police may have lacked reasonable suspicion for pulling you over or probable cause for placing you under arrest.

Or, if the technician administering a breathalyzer test lacked the proper certification, this can provide a powerful tool for negotiating with the prosecutor for lesser charges.

If the prosecutor refuses to consider a reduction in your DWI charges, our team may be able to petition the court to dismiss your charges.

Can I Get an Underage DWI Reduced in Texas?

If you face an underage drunk driving charge, you also have options for getting the charges reduced.

Typically, prosecutors pursue DUI charges for drivers under the age of 21 who register any detectable BAC. However, if your BAC tested at 0.08 or above, the police may have charged you with the more serious offense of DWI.

With the right evidence and approach, a DWI reduction lawyer may successfully negotiate with the prosecutor to reduce that charge to DUI. Your lawyer may then convince the court to defer adjudication or allow you to participate in a diversion program.

The successful completion of a deferral or diversion program may allow you to avoid having a permanent criminal record for a Texas drunk driving conviction.

What Reduced DWI Charges Are Available?

If errors in your case lead the prosecution to believe that getting a conviction would be difficult or impossible, it may offer a reduced charge that carries less severe penalties.

If you face a felony DWI charge, your lawyer may get those reduced to misdemeanor charges. Or the prosecutor may agree to a lesser charge. Some potential alternatives include the following charges:

• Obstruction of a passageway
• Reckless driving
• Public intoxication

Although these charges may still result in fines and other penalties, you can avoid having a DWI on your permanent record.

How Can a Lawyer Help with Getting Drunk Driving Charges Reduced?

When you trust attorney Randall Isenberg and his team to assist you in pursuing a DWI reduction, you can rest assured that we will protect your legal rights and do everything possible to achieve a favorable outcome in your case.

With more than three decades of experience in the Texas criminal justice system, Randall has unique insight that we will put to work on your behalf. We will answer your questions and explain your options, so that you can make the best choices for your future.

To schedule a no-cost, no-obligation consultation with the team at the Law Offices of Randall B. Isenberg, contact us today at 214-696-9253.

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