A conviction for DWI in Richardson can send you to jail and compel you to pay substantial monetary fines. A conviction can also significantly affect your future, as you will have a permanent criminal record that can interfere with your ability to get a good job, rent a home, or hold a professional license.
These penalties are frightening, but you should know — a drunk driving arrest does not automatically lead to a conviction. A DWI reduction lawyer in Richardson — like Attorney Randall Isenberg — can fight to have your charges reduced or even potentially dismissed.
Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule a free case review.
Options for DWI Reduction in Richardson
If convicted for DWI, you could face a lengthy jail or prison term, hefty fines, probation, community service, and related penalties.
Aggravating factors can also increase the severity of your charges. Common aggravating factors include:
- BAC of 0.15 or above
- Prior DWI convictions
- Open container
- Minor passenger
- Property damage
- Serious injury or fatality
We will investigate your arrest and DWI case to determine whether we might be able to convince the prosecutor to dismiss your case or file lesser charges, such as:
Passageway Obstruction
The charge of passageway obstruction is one of the most common alternatives to drunk driving charges. While passageway obstruction is also a class B misdemeanor, it does not carry some of the harsher consequences of a DWI conviction. This provides an attractive option for many clients.
Reckless Driving (Wet Reckless)
Although the Texas statutes do not offer a wet reckless charge option, we can frequently negotiate DWI charges down to misdemeanor reckless driving.
Felony DWI to Misdemeanor
For some clients, getting their felony DWI charges reduced to a misdemeanor provides an attractive alternative that lowers the potential time you could spend behind bars and minimizes monetary fines.
Aggravated DWI to DWI
If you have any aggravating factors related to your case, we can often convince the prosecutor to press charges of basic DWI rather than aggravated DWI.
Once we demonstrate our argument and potential case flaws to the prosecutor, they may offer you a plea bargain, wherein you agree to plead guilty to a lesser charge in exchange for a minimal penalty.
Potential Legal Strategies Your DWI Reduction Lawyer May Employ
At the Law Offices of Randall B. Isenberg, we evaluate your case based on the specific details of your arrest and chemical testing. Our legal defense strategies will depend on whether you face basic drunk driving charges or a more serious charge such as intoxication assault or intoxication manslaughter.
Some of our most common — and most effective — legal strategies for DWI reduction include the following.
The Police Illegally Stopped Your Vehicle
Before they can stop your car, the police must have a reasonable suspicion that you broke the law. Without reasonable suspicion, a judge may discount any subsequent evidence they discover.
The Police Lacked Probable Cause for Arresting You
Before the police can place you under arrest and ask you to submit to BAC testing, they must establish probable cause that you were legally intoxicated. The police often use field sobriety testing and roadside breathalyzer machines to arrive at this conclusion.
However, unless the officer followed the guidelines established by the National Highway Traffic Safety Administration (NHTSA) for field sobriety testing or the NHTSA standards for portable breath testing equipment, the judge may disallow the resulting evidence.
Chemical BAC Testing Failed to Meet Established Standards
The Texas Department of Public Safety (TxDPS), the U.S. Department of Transportation, and the NHTSA have set forth standards for chemical BAC testing and analysis. If the chemical testing in your case did not comply with all governing rules, we can attempt to have the test results thrown out.
For example, TxDPS requires testing technicians to have specific certifications for breath testing. Testing equipment must also meet established standards for maintenance and testing.
Confounding Factors in Breathalyzer Testing For BAC
Many people facing DWI charges use certain medications or oral hygiene products that can lead to a false positive breathalyzer test results. Even your diet can sometimes cause a false positive reading.
Other potential strategies for contesting your charges involve violations of your legal rights and mishandling of evidence by the police.
When Your DWI Reduction Lawyer May Recommend Going to Court
If our legal team identifies problems with your case, we will do everything in our power to show the prosecution the errors that could potentially offset your DWI charges.
However, if the prosecutor refuses to cooperate with our request for DWI reduction, we may suggest making your case in court.
We often prevail for our clients in court because the prosecution must meet a high burden of proof in drunk driving cases. If our legal team can introduce sufficient reasonable doubt during your trial, we can prevail on your behalf.
We have an in-depth knowledge of the process and an extensive network of resources we will use to build your DWI defense. Our team will fight tooth and nail for the best possible outcome in your case.
Talk to a DWI Reduction Lawyer in Richardson Today for Free
Before you enter a plea or provide a statement to the police or prosecutor, talk to a DWI reduction lawyer to learn about your options.
The Law Offices of Randall B. Isenberg works closely with our clients, to ensure they understand the potential effects a DWI conviction can have in their lives. We walk through your options with you, allowing you to make an informed decision about your future.
With over 30 years’ experience as a felony prosecutor, district court judge, and DWI lawyer in Richardson, Randall Isenberg has the unique insight and knowledge to help you obtain the most favorable outcome possible in your case.
We offer a no-cost, no-obligation consultation and case review. Contact us today at 214-696-9253 for a free consultation.