DWI Reduction and Dismissal in Texas
In Texas, driving while intoxicated (DWI), also known as driving under the influence (DUI) or drunk driving, is a serious criminal charge that can have far-reaching legal, financial, and personal implications.
However, DWI charges do not always result in convictions. A conviction for DWI sometimes can be avoided due to missteps by the police or prosecutor, through a plea bargain that reduces the DWI charge to a lesser charge or with an outright dismissal of the charge.
Texas law deals harshly with anyone convicted of DWI, whether the offense is driving under the influence of alcohol or driving under the influence of drugs. A DWI conviction can have numerous consequences, including:
- A permanent criminal record;
- Jail time;
- Fines and fees;
- Probation and probation fees;
- Community service requirements;
- Drug or alcohol testing;
- Mandatory DWI education classes and attendance at a victim impact panel;
- Loss or restriction of driver’s license;
- Installation of a vehicular ignition interlock device and fees;
- Hefty surcharges levied by the Texas Department of Public Safety (DPS);
- Higher insurance rates; and
- Strained personal relationships.
Anyone accused of DWI, DUI or drunk driving in San Antonio, Texas or Bexar County should consider consulting with an experienced criminal defense attorney right away. A qualified lawyer may be able to find inconsistencies or weaknesses in the prosecution’s case to introduce reasonable doubt, which could lead to a reduction or dismissal of charges.
Reduction and Dismissal of DWI Charges
The Parent Law Firm is equipped with the knowledge and resources necessary to defend people charged with DWI in San Antonio, Texas. Dave Parent is a dedicated DUI attorney in Bexar County who will work around the clock to achieve the most favorable outcome possible, which can often mean avoiding a trial and negotiating a reduction of a DWI charge or a dismissal of a DWI charge.
The Parent Law Firm will take a DWI case to trial if necessary to fight against a conviction and will always uphold the most favorable interests of its clients. When representing you, Dave Parent believes in being completely transparent so that you are aware of every single detail pertaining to your case.
Our San Antonio attorney limits his caseload specifically so he can devote the personal attention his clients deserve. Call the Parent Law Firm today at 210-819-4111 to schedule your free initial consultation.
DWI Reduction and Dismissal in San Antonio, Texas
Every DWI case is different with its own unique set of circumstances. Sometimes the police deviate from proper procedures or make mistakes during a traffic stop.
In some cases, field sobriety tests or breath tests are conducted improperly. In other cases, evidence or witnesses may disappear or be compromised, procedural errors may occur, or other issues may be in dispute.
In a DWI case, there are several different versions of what actually happened: the story according to the person accused, the story according to the police, the story told by any witnesses, the story told by any video or audio recordings, and the story told by the results and recordings of breath tests, if any were conducted.
A good DWI defense attorney will scrutinize all of the legal and factual issues to look for mistakes or inconsistencies in the prosecution’s case that could formulate reasonable doubt about guilt.
Sometimes, the mistakes made by the state result in a complete dismissal of all charges, but any weakening of the prosecution’s case could lead to a reduction of charges. One common reduced charge in a DWI case is “obstruction of a passageway,” which imposes fewer legal restrictions and fines on the offender than a DWI conviction.
Questions to Ask Related to DWI Reduction and Dismissal in San Antonio, Texas
During a thorough examination of the facts of a DWI case, a defense attorney may raise a number of questions about the integrity of the traffic stop, the determination of sobriety vs. non-sobriety, and the arrest. A few of the questions a DWI defense attorney may ask include, but are not limited to:
- Did police have reasonable suspicion of the commission of a crime before the traffic stop occurred?
- Were field sobriety tests conducted properly?
- What were the specific results of field sobriety tests?
- Is there a video or audio recording of the traffic stop and/or field sobriety tests?
- Did anyone else witness the traffic stop or the arrest?
- What evidence was collected at the scene?
- Did police issue a proper Miranda warning upon arrest?
- What, if anything, did the person arrested say to the police?
- Was the breath test machine properly tested and calibrated?
- Was the operator of the breath test machine certified to conduct the breath test?
- What were the specific results of the breath test?
- Is there a video or audio recording of the breath test?
- How much time elapsed between the traffic stop and the breath test?
Any mistakes or procedural errors identified by a DWI defense attorney could damage the prosecution’s case, making it more likely that the state may offer a plea bargain for a charge less than DWI. If major mistakes or errors occurred, a complete dismissal of the case becomes a possibility.
The Rate of DWI Reduction and Dismissal in San Antonio, Texas
Prosecutors are often reluctant to reduce charges in DWI cases. They are also wary of taking anything less than a solid case to trial because they not only hate to lose but also their performance is often graded on their conviction rates.
While many of the DWI cases that flow through the Bexar County criminal justice system result in plea agreements, a majority of defendants who chose to go before a jury are convicted.
Since the start of the year(2015), there have been 40 jury trials for first-time DWI offenders; 22 of them resulted in convictions. Only two of the 11 second-time DWI offenders who asked for a jury trial won acquittals.
An experienced DWI lawyer will know the history of a particular court and the judges in it and use that knowledge in pursuit of the best possible outcome in a drunk driving case, including making a decision with the accused person whether or not to take the case to trial.
High BAC or Repeat DWI Offenses
It is important to note that the blood-alcohol concentration (BAC), if measured, and the number of previous DWI convictions, if any, often affect the state’s willingness to reduce any new DWI charges.
In Texas, if a person charged with DWI registers a BAC of more than 0.15 (almost twice the legal limit of 0.08), he or she faces enhanced penalties, including higher fines and more time in jail.
A previous conviction for DWI also presents a more difficult challenge because a judge may consider it in during sentencing after a new conviction.
Anyone charged with DWI with a high BAC or previously convicted of DWI and facing a new DWI charge should immediately consult with a qualified attorney to discuss his or her situation.
Find an Attorney for DWI Reduction and Dismissal in San Antonio, Texas
If you are accused of DWI in the greater San Antonio area, you should contact a qualified criminal defense attorney right away to schedule a consultation. The Parent Law Firm represents clients in San Antonio, Boerne, Comfort, Bandera, and the surrounding areas of Bexar & Kendall County.
Dave Parent is a lawyer experienced in defending people accused of DWI, DUI, or drunk driving. He will thoroughly review the facts surrounding your case, and use his knowledge of Texas DWI law and criminal legal procedure to weaken the prosecution’s case and attempt to obtain a DWI reduction or dismissal.
Call The Parent Law Firm today at 210-819-4111 if you have been arrested for driving under the influence of alcohol or drugs. Your initial consultation is free, and it will begin the process of defending your freedom and protecting your driving privileges.