The thought of being charged with a DWI (Driving While Intoxicated) in Texas can be downright terrifying. It is not just about facing a judge; it is about how it can turn your entire life upside down. But there is hope: not all DWI charges end in a conviction. In this post, we explore if and when a DWI can be dismissed, as well as the role of an experienced attorney in a DWI dismissal in Texas.
What Constitutes a DWI in Texas?
In Texas, a DWI charge is more than just a minor inconvenience; it is a serious legal matter. According to Texas Penal Code §49.04:
“A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place”
The Texas Department of Transportation outlines clear criteria for what constitutes legal intoxication:
- Blood Alcohol Concentration (BAC): A BAC level of 0.08% or higher is the quantitative measure for legal intoxication.
- Impairment: If alcohol, drugs, or any other substance impairs your mental or physical faculties, you can also be deemed intoxicated, regardless of your BAC.
Understanding these criteria is the first step in dealing with a DWI charge in Texas effectively.
The Penalties for a DWI Conviction in Texas
The penalties for a DWI conviction in Texas are also outlined in Texas Penal Code §49.04. A DWI offense under this statute is typically classified as a Class B misdemeanor, which comes with a minimum term of confinement of 72 hours.
If, however, it is proven during trial that the individual had an open container of alcohol in their immediate possession at the time of the offense, the minimum confinement period extends to six days.
Furthermore, if a blood, breath, or urine analysis shows an alcohol concentration level of 0.15 or more, the offense escalates to a Class A misdemeanor, carrying penalties including a fine up to $4,000, jail time up to one year, or both.
Is Jail Time Mandatory in a DWI Case?
A common concern for those facing DWI charges is the prospect of jail time. In Texas, jail time is not a mandatory outcome for first-time DWI offenders, particularly if the BAC was under 0.15%. However, the sentence can vary greatly depending on the specifics of the case, underscoring the importance of a skilled criminal defense attorney in Texas to help mitigate the consequences of a conviction.
What is the Best Outcome for a DWI?
For many facing a DWI charge, the best possible outcome is a complete dismissal of the case. This means the charges are dropped, and the incident does not stain your record. While this is the ideal scenario, it is not the only positive outcome. Another favorable result can be a reduction of the charges, perhaps to a lesser offense like reckless driving, which carries lighter penalties and less impact on your record.
Can a DWI Be Reduced or Dismissed in Texas?
Yes, a DWI can be reduced or dismissed in Texas, but it is not a guarantee and depends heavily on the circumstances surrounding your case. Key factors include
- The strength of the evidence
- Any procedural errors made during your arrest; and
- Your legal representation’s negotiation skills.
In some cases, if the evidence is weak or your rights were violated during the arrest process, the charges might be reduced or even dismissed outright.
What Is the Dismissal Rate for DWI Cases in Texas?
According to data from the Texas Department of Public Safety, individuals who plead not-guilty to DWI charges in Texas stand about a 15% chance of a dismissal and a 30% chance of being convicted on a lesser charge. On the other hand, individuals who plead guilty stand almost no chance of a dismissal or reduction to a lesser offense.
The bottom line is that although a Texas DWI dismissal is far from guaranteed, they can and do happen. Enlisting the services of an experienced defense attorney and choosing to fight the charge can significantly increase your chances of having the charge dismissed or reduced to a lesser offense.
What Is the Second Chance Law for DWI in Texas?
The Texas Second Chance Law, formalized by House Bill 3016 and enacted in September 2017, introduces a pathway for certain individuals with DWI convictions to seek a fresh start. Specifically, it allows certain first-time DWI offenders to petition for an Order of Non-Disclosure, effectively sealing their criminal record from the general public.
To qualify, an individual must meet the following criteria
- A Blood Alcohol Content (BAC) of 0.14 or Less: Your BAC at the time of the offense must not exceed this threshold.
- No Accidents or Injuries Caused: The incident must not have resulted in any accidents or injuries.
- Completion of All Court Requirements: Every condition set by the court must be fully met, potentially including fines, community service, alcohol education programs, and the installation of an ignition interlock device (IID) in some cases.
For those who qualify, this law does not erase the conviction but shields it from the public eye, providing a semblance of a clean slate.
Facing a DWI charge can feel like navigating through a storm, but you do not have to do it alone. If you have been charged with DWI in Austin, Texas and are wondering about your options for a dismissal or reduction, it is important to consult with a knowledgeable attorney quickly – please setup a free consultation, we’re here to help.
