Attorneys of Hoelscher Gebbia Cepeda PLLC walking

The Best Defense: A Guide to Fighting Your DWI or DUI in Texas


DWI and DUI Defense in Texas: How to Fight Your Charges

Have you gotten convicted of a DUI or DWI in Texas? Are you in need of DUI defense? Here’s your complete guide to lawyering up and fighting your charges!

Keyword(s): dui defense

In 2016, over 1,400 people were killed by people driving while intoxicated in Texas. If you find yourself charged with a DWI, you will want to lawyer up, and have the best DWI defense possible.

Here’s everything you need to know to fight these charges in the state of Texas.

What’s the Difference Between a DWI and a DUI?

According to the Texas Traffic Code, a DUI is only issued to minors, which is people under the legal drinking age (21).

A minor could very well be charged with a DUI if they are under the influence of alcohol but under the legal limit. In the state of Texas, the legal limit is a 0.08 blood alcohol content.

The consequences with a DUI can include one or a combination of the following:

  • Up to 40 Hours of Community Service
  • Fine Up to $500
  • Alcohol Awareness Class
  • Suspended License up to 60 days

Please keep in mind that juveniles (under the age of 18) can also be charged with a DUI for participating with the same consequences above, but all minors may also be charged with a DWI for underaged drunken driving if they are intoxicated.

According to the Texas Penal Code, a DWI is a more serious crime. You will receive a DWI if you have a blood alcohol level over the legal limit of 0.08 or you are impaired by alcohol or drugs, while you are operating a vehicle.  Depending on the nature of the situation, DWI consequences are much more severe than DUIs. You can get your driver’s license suspended or revoked, have a large fine, or serve jail time.

Can I Get My DWI Charge Reduced?

Unlike other states that do not allow much plea bargaining for all impaired driving offenses, Texas permits their prosecutors to reduce charges for those charged with DWI in certain cases.

This is where your DWI defense attorney will step in. It is their job to negotiate the DWI charge to a lower charge such as Obstruction of a Roadway, or reckless driving.  By your DWI charged being reduced to a lesser charge, which often means you will have smaller consequences. These consequences can range from:

  • Small Fines
  • Suspended License for shorter time or no suspension
  • Jail Time reduced or avaoided
  • Getting a Misdemeanor Rather Than a Felony

Is it Possible to Have an Underage DWI Reduced?

In short, this answer is complex it has to deal with a few deciding factors. To reduce a DWI charge and its penalties will be based on if the person is being charged as a minor or as an adult.

If a minor charged with the has alcohol while operating a vehicle, then the minor will have to take the mandatory defensive driving course.  This course is there to help drop minors from having DUI charges on their record.

Should I Take the Obstruction of Highway Deal?

If your drunk driving defense attorney tells you that they have an obstruction of highway deal, it’s a reduced offense from DWI. This deal will have lesser consequences than standing trial for a DWI.

But, you may see some DWI and DUI cases that prosecutors may offer you another deal, offering reckless driving. You will want to keep in mind that reckless driving is a little bit more severe than highway obstruction charges.

You will see more serious consequences with reckless driving than you will with obstruction of the highway. For example, a reckless driving conviction requires a mandatory drivers license suspension. Both charges are misdemeanors.

How to Reduce DWI/DUI Charges in Adults?

Adults that are charged with a DWI case will not be required by law to take the defensive alcohol driving course. Yet, one of their penalties may be to take a longer class, DWI Education, as part of their sentencing.

You will want to keep in mind that the state of Texas does not have deferred adjudication probation for adults charged with DWIs or other intoxication charges, such as intoxication manslaughter. The only time an adult will get deferred adjudication is if the charges are reduced or changed. Deferred adjudication is important because when deferred adjudication probation is completed successfully, the charges are dismissed.

The only way to reduce a DWI charge is to take a plea bargain deal with the state. The plea deal can be reckless driving or obstruction of the highway.  Whether a plea deal will is offered will depend on a few things, such as if this is your first conviction or if anyone is injured.

How Can You Help Your DWI Defense?

Before you can help your DUI or DWI defense, you will need to know that you have a short time frame to fight to keep your driver’s license. This is when you should be hunting for the best possible DWI defense team.

The DWI defense team will come up with DUI or DWI defense strategies that will work in your favor. The first thing they will do is step in court on your behalf to have you keep your driver’s license.

Then, it’s time to start negotiating deals with the prosecution or even trying to eliminate the charge altogether.

The DWI defense attorneys will also educate you on other consequences you may face soon with your DWI/DUI charge. These consequences may include, but not limited to:

  • Losing Your Current Job
  • Probation Fees & Other Fines
  • Increased Insurance Rates
  • Securing a New Job in Future
  • Driver’s License Surcharges

Need Help? Contact Us Today

Your DWI defense should be top notch. They should know what they are doing. They should know the system inside and out. Here at Hoelscher Gebbia Cepeda PLLC we have been dealing with DUI and DWI cases for over a decade.

We know people make mistakes. If you find yourself arrested for either driving violation, contact us today. We will help you fight your case to either get a lesser charge or get the charge dismissed altogether. If we can’t do that, we’ll get ready for trial and fight for a Not Guilty verdict. We are here to protect you and your future.