When you find yourself in the back of a police car with your hands cuffed behind your back, it can feel like the end of the world. Facing DWI charges in Texas is not something that should be taken lightly, as the penalties this crime carries can be incredibly intense. As such, it’s imperative to connect with Houston DWI defense attorneys to explore your legal options. Your attorney will explore the avenues available to determine the best course of action, which could include fighting to have your DWI charges reduced or dismissed. Keep reading to learn more about these charges and how a lawyer can fight for you.
What Warrants a DWI Charge and What Penalties Can I Face?
Driving While Intoxicated is a serious crime in Texas, so understanding what constitutes a DWI is critical. Generally, you can face a DWI per se, meaning an automatic charge, if you are discovered driving with a blood alcohol concentration (BAC) at or over the legal limit of 0.08% or higher. A DWI charge carries up to one year in jail, fines of up to $4,000, increased insurance rates, a license suspension, and additional fines and fees paid to the state.
However, if you have any amount of alcohol in your system and the police determine it has impacted your ability to safely operate a vehicle, you can still face charges for driving while intoxicated. This is also true for drivers under the age of 21 who have much more strict rules. Underage drivers discovered behind the wheel with any amount of alcohol in their system will automatically face a DWI, even if their BAC is as low as 0.01%. This is because Texas’s Zero Tolerance Policy looks to deter underage drinking and driving.
Is It Possible to Get a DWI Dismissed or Reduced in Texas?
If facing a DWI, it may seem like there is nothing you can do to fight the charges against you. However, working with an experienced criminal defense attorney is in your best interest, as they can help create a defense to challenge the defense’s arguments against you. This could result in the reduction or dismissal of the charges against you.
One way to get the charges reduced is through a plea bargain with the prosecution. Your attorney will work with the presecutor to reduce the charges against you in exchange for pleading guilty. Though you will be convicted of a criminal offense, a plea deal means the charges against you and the penalties you can face won’t be as intense as a typical DWI charge. You shouldn’t try to negotiate with the prosecution without the assistance of an experienced attorney.
However, you can also challenge the evidence collected at the scene to have your charges reduced or even dismissed. When conducting traffic stops, officers must take necessary steps to ensure they do not violate your rights. However, if the police do not adhere to these rules, they can provide you with the legal grounds to challenge the charges. For example, if the police pull you over for no reason, it could constitute a Fourth Amendment violation, which protects you from unreasonable searches and seizures. This means your attorney can fight to have the evidence unconstitutionally collected deemed inadmissible in your trial, which can weaken the prosecutor’s case against you. This can ultimately lead to a reduction or the dismissal of charges against you.
At the Gonzalez Law Group, we understand how difficult these matters are, which is why we will fight tirelessly for the best possible outcome for you. Contact us today to learn how we can represent you.
