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Yes, it’s possible to have your DWI charges lowered or dropped in TX. The state takes driving while intoxicated or DWI charges and other related offenses very seriously, so they are punishable by high fines and incarceration. But in some cases, these charges can be lowered to a less severe offense.
Different factors must be considered when figuring out whether you can have your DWI charges reduced. You may be surprised to find out that your specific situation may qualify. To determine the best option for you, you’ll need guidance from a TX criminal defense attorney who has ample experience defending clients against DWI and related offenses.
How Can I Have My DWI Charges Lowered or Dropped in TX?
In criminal cases, the prosecution must prove beyond a reasonable doubt that you broke the DWI laws. This means that any weakness in the prosecution’s case will be in your favor. Here are examples of potential reasons for the reduction or dismissal of your charges:
- There is not enough evidence to prove that you were driving the car.
- The police officer did not have reasonable grounds to stop you.
- The police coerced or tricked you into taking a blood test or breath test.
- Your legal rights were violated during the traffic stop or arrest.
- You refused to undergo a blood or breath test, and there isn’t adequate evidence of your alleged intoxication.
- The breath test device was not properly calibrated or was otherwise defective.
- Any chain of custody errors related to your blood test results. Failing to accurately document the people that handled your results, mislabeling samples, contaminating samples, or mishandling samples are just a few of the errors that may make your blood test results less inaccurate and less reliable.
- Inaccuracy of field sobriety test results (FSTs). If not handled correctly, the results of FSTs may be unreliable. The reliability of these tests isn’t foolproof, and simple errors can play a significant role in the tests’ accuracy. For instance, FSTs for measuring balance and hand-eye coordination may become an issue when the person being tested has health issues that affect these faculties. In addition, certain medicines can cause adverse reactions in some drivers, which must be taken into account when administering FSTs.
Take note, however, that each case differs, and successfully challenging DWI charges usually requires the thorough evaluation and guidance of a skilled TX criminal defense attorney. Depending on your circumstances, your attorney may pursue the reduction of your DWI charges to a lesser charge, such as reckless driving, or seek the complete dismissal of your charges.
Consult With a Skilled TX DWI Defense Attorney Now
At Hoelscher Gebbia Cepeda PLLC, ensuring that your legal rights and freedoms are protected is our top priority. If you’re facing a DWI charge or another related charge in TX, the time to act and have your charges dropped or reduced is limited. Reach out to us online or call 210-222-9132 to talk to our TX criminal defense attorney and discuss your charges and the best legal options for your specific situation.