How To Get 2nd DWI Charge Reduced in Texas?

There are serious penalties associated with a 2nd DWI charge, including large fines, mandatory jail time, and license suspension. If you or a loved one are facing a 2nd DWI charge, it is understandable to wonder and ask yourself, “How to get a 2nd DWI charge reduced in Texas?” Thankfully, the DWI lawyers from Greco Neyland, PC, have the answers and understand the importance of fully identifying the potential consequences you face with your charge.

Strategies to Reduce a 2nd DWI Charge in Texas

A second DWI charge in Texas comes with steeper penalties like higher fines, longer license suspension, and mandatory jail time. However, with the right legal approach, it may be possible to reduce the charges or lessen the consequences. Below are key strategies to help achieve a more favorable outcome.

• Challenging the Traffic Stop: Police officers must have reasonable suspicion to pull you over. If your attorney can prove the stop was unlawful, any evidence collected, like breathalyzer results, may be thrown out.
• Questioning Field Sobriety and Breathalyzer Tests: Improperly conducted sobriety tests or faulty breathalyzers can lead to unreliable results. A lawyer can challenge the accuracy of the tests, arguing that the results should not be used as evidence.
• Negotiating a Plea Bargain: In some cases, prosecutors can reduce a DWI charge to a lesser offense, such as reckless driving, especially if there are weaknesses in the case. This can help you to avoid mandatory jail time and reduce long-term consequences.
• Exploring Alternative Sentencing Options: Instead of jail time, your attorney may negotiate for probation, alcohol treatment programs, or community service. Some courts may be more lenient if you voluntarily enroll in rehab or counseling.
• Seeking a Case Dismissal: If the prosecution lacks strong evidence or violated procedures, your lawyer can push for a dismissal. This is possible if there are issues with police reports, breath test calibration, or failure to follow legal protocols.
• Questioning Prior Convictions: Another method is if your first DWI conviction was flawed or not properly documented, your attorney may argue that the second offense should be treated as the first offense, which can greatly reduce penalties.

How to Respond to a 2nd DWI Arrest

Getting arrested for a second DWI in Texas can be overwhelming, but how you respond in the moments and days after your arrest can greatly impact your case. With stricter penalties, including mandatory jail time, higher fines, and a longer license suspension, it is critical that you take the right steps to protect your rights and legal options.

It is essential that you stay calm and do not resist arrest or argue with officers, as this can lead to additional charges. You do have the right to remain silent and can refuse to answer questions beyond providing your identification until you can meet with a lawyer. It is important to remember that anything you say can be used as evidence against you.

Important Steps to Take

It is helpful to contact a DWI lawyer as soon as possible, as a lawyer can help you challenge the arrest, negotiate reduced charges, or explore alternative sentencing options.

Make sure that you are keeping a log of evidence and write down the key details that you remember about your arrest. These details may include why the officer said they pulled you over, how the field sobriety tests were conducted, and what was said between you and the officers.

Make sure you comply with all court requirements, like attending all hearings and following court orders. It is vital to understand how you initially respond, which can impact the success of your case.

FAQs

Q: What Are the Odds of Getting a DWI Dismissed in Texas?

A: The odds of receiving a dismissal for a DWI charge in Texas depend on the specific details of each individual case. The factors that influence a dismissal include the specifics of the case, the defense strategy, and the strength of the prosecution’s evidence. Even if a dismissal is not available, individuals can pursue a plea bargain to reduce charges and/or seek a pre-trial diversion program.

Q: Is Jail Time Mandatory for a 2nd DWI in Texas?

A: Yes, jail time is mandatory for a 2nd DWI offense in Texas under Texas Penal Code 49.09. There are several factors that can increase penalties, such as having a BAC of 0.15 or higher, a DWI when there was a child passenger, and if there was an accident or injuries caused by the DWI.

Q: Can You Get Probation for a 2nd DWI?

A: Yes, you can get probation for a 2nd DWI in Texas, but there are important conditions and limitations. Even with probation, Texas law requires a minimum jail sentence before the probation begins, and that minimum sentence can increase if the first DWI conviction was within the past five years. The time that probation actually lasts will typically depend on the unique factors of each case.

Q: How Much Does a 2nd DWI Cost in Texas?

A: The cost of a 2nd DWI in Texas can be substantial and can range in price depending on the unique factors of each individual case. Costs for a DWI can include court and legal fees, administrative and license-related costs, probation and education program fees, and other financial considerations like increased car insurance rates, towing, and impound fees, and lost wages if you had time off from work.

Q: Can a Lawyer Help With a 2nd DWI Charge?

A: Yes, a lawyer can be an extremely helpful ally when facing a 2nd DWI charge in Texas. Since penalties tend to be more severe than for the first offense, having a skilled DWI attorney at your side can make a significant difference in the outcome of your case. Lawyers can fight for case dismissal or reduction, negotiate plea bargains, help avoid maximum penalties, and provide representation in the courtroom.

Get in Touch With a Trusted 2nd DWI Lawyer in Texas Today.

While the consequences of a 2nd DUI offense are very serious, it is vital that you understand that you do have options and ways to defend yourself. By partnering with a trusted DWI lawyer from Greco Neyland, PC, you agree to work with a legal advocate who can have your back throughout the entire process and create a strong defense strategy that uplifts your rights and the truth of the situation. Reach out today to set up an initial consultation.