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Reducing a Texas DWI/DUI to Reckless Driving

| Jun 28, 2013 | DUI/DWI |

In some cases, it is possible to have a DWI charge reduced, which means getting to avoid the harsh consequences of a Texas DWI conviction.

Why: The Benefits of Having a Reduced Charge

Every year in Texas, drunk driving causes of hundreds of accidents and deaths. The penalties for DWI or DUI are, understandably, very severe in Texas. The legal blood alcohol concentration (BAC) for driving is 0.08% and any detectable amount of alcohol in underage drivers is also criminalized. While penalties differ from case to case, intoxication cases usually result in fines, minimum jail times, and license suspension.

Moreover, a DWI conviction is generally forever. Once it lands on your criminal record, DWI can affect your employment opportunities and insurance rates for life. Having your case resolved as a non-DWI conviction will mean lower and fewer penalties. Plus, something like a reckless driving conviction is not nearly as socially unacceptable as a DWI conviction, and most employers will hardly mind it.

How: When a DWI Charge Can Be Reduced

A huge number of factors must be considered before a good DWI attorney will decide that the best course of action may be to seek a reduced charge, but generally speaking, your chances of getting a DWI charge reduced are better if the prosecutor’s case is weaker. In most cases, prosecutors will consider reducing the DWI charge if some of the following are true:

  • You have never been convicted with a DWI before and your criminal record is clean.
  • You look good on the video, speaking respectfully and coherently to the officers.
  • You refused the blood or breath test, or you registered a very low BAC. The prosecutors are missing key, irrefutable evidence.
  • You were stopped for weaving, failing to maintain a single lane, or another non-criminal traffic violation rather than for a car crash or something more serious. The legality of the stop is questionable.

Of course, this list is a general one, and every case is unique. For example, refusal to test can weaken some cases, and in other cases the attorney can have the evidence of the breath test suppressed. If you or anybody you know is facing a DWI charge, reaching out to an experienced criminal defense attorney who specializes in DWI defensewill be extremely important.

The DWI defense attorneys at The Kyle Law Firm will fully examine your case before giving you a better idea of the options available to you. We offer a free initial consultation on any criminal defense case –contact us online to schedule your free DWI defense consultation today, or call us toll free at 830-620-9402.