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For a first time DWI in Texas can the charges be reduced?
Question:
For a first time DWI in Texas can the charges be reduced?
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As of this writing, first time DWI in Texas can have the charges reduced, but whether or not it happens will depend on several factors. First, the specific circumstances of your arrest will be considered. If your blood alcohol level was very close to .08, and no one was hurt in an accident that you caused and no property was damaged you may be considered for a reduction of the charges.
Whether your charges are reduced or not can also depend on where you live in Texas. District attorneys in counties where a significant backlog of DWI cases exist may be quicker to agree to a reduction in charges than other jurisdictions. Either way, it will be next to impossible without the assistance of an experienced DWI attorney to represent you and negotiate on your behalf with the district attorney.
First Time DWI Penalties
If you are convicted of a first time DWI in Texas you face up to six months in jail, a one year license suspension, and up to $4,000 in fines over three years. The typical reduced charge that people will plead guilty to is a charge of reckless driving, which carries a penalty of only up to 30 days in jail and a $200 fine. More significantly, there is no license suspension associated with a reckless driving conviction.
Controversy and a Proposed Plan
Many other states deal with first time DWI offenders through a process called deferred adjudication, which allows first time drunk driving offenders to ultimately be acquitted after successfully completing a court supervised treatment program. The benefit of this is that the offender is in the system to be dealt with as a repeat DWI offender if arrested again.
Today, if a DWI offender pleads guilty to the lesser charge of reckless driving and then is arrested for DWI again they are not treated as a second or repeat offender.
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DWI laws do change, and this topic of deferred adjudication is getting a lot of attention in Texas. It is always a good idea to hire an attorney who can advise you and assist you with either having your charges reduced or vigorously defend you.
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