In Texas, a second charge for Driving While Intoxicated (DWI) is a serious offense that carries significant legal consequences. DWI charges arise when you operate a vehicle under the influence of alcohol or other drugs. When facing arrest and charges for a second DUI offense, the primary goal is typically to negotiate a reduction in the charge or penalties rather than expecting a dismissal.

However, under some circumstances, the dismissal is not feasible, and your attorney can take other actions to reduce the impact of the charge. A common approach to 2nd DWI charges is to seek a charge reduction. Exploring this alternative allows you to negotiate with the court for a lower charge for your conduct or a reduced sentence after a conviction.

If the circumstances are favorable, the court can grant your request, allowing you to serve a lesser jail sentence and sometimes avoid a driver's license suspension. If you or a loved one faces charges for a 2nd DWI in Texas, you will need the insight of a knowledgeable attorney.

The Process of Reducing Your 2nd DUI Charge in Texas

Driving while intoxicated is a serious criminal offense in Texas. Facing charges for a second offense means that you have had another DWI conviction. A DWI conviction can have significant consequences on your freedom and future. They include incarceration, fines, license suspension, and mandatory alcohol education programs.

The stakes increase when confronted with a second DUI charge. However, it is possible to reduce or mitigate the severity of the charge through various legal processes. You can seek a DWI charge reduction by following these steps:

Understand the Seriousness of Your 2nd DWI Charge

A second DWI charge in Texas is more severe than a first offense. Understanding the seriousness of your offense helps you explore the appropriate legal actions to secure a favorable outcome. The penalties for a conviction include:

  • Fines of up to $4,000
  • A jail sentence of up to one year with a mandatory minimum sentence of thirty days
  • Up to 160 hours of community service
  • A mandatory driver's license suspension of up to two years
  • Mandatory completion of an alcohol education program
  • Probation instead of jail time

Because the consequences of a second DWI are so severe, it is crucial to seek professional legal representation.

Consult an Experienced DWI Attorney

When attempting to reduce a second DUI charge in Texas, you must consult an experienced DUI attorney. A skilled attorney will know Texas DUI laws and be able to analyze the details of your case. They can identify weaknesses in the prosecution’s case and guide you through the legal process. The roles of your attorney in the DWI reduction include:

  • Investigate the case. Your lawyer will review all evidence, including police reports, video footage, and witness statements.
  • Evidence handling. Ensuring that the evidence against you was collected and handled correctly. If there were issues with the police officers’ handling of your arrest, your attorney could argue that the evidence is inadmissible.
  • Evaluate potential defenses. A skilled attorney can look for weaknesses in the prosecution’s case. They include improper procedures, lack of evidence, or problems with the breathalyzer or blood tests.
  • Negotiate a favorable plea agreement. If the case against you is strong, your attorney will work to secure a reduced charge.
  • Represent you in court. Your defense attorney will present your interests in court. An experienced attorney is essential to increasing the chances of a favorable outcome.

Challenge the Evidence

A common legal strategy to seek a DWI reduction is to challenge the evidence presented in your case. If the evidence has significant issues, you can challenge it in court to reduce or dismiss the charges. Key areas you can explore when challenging DWI evidence include:

  • Improper traffic stop. A traffic officer must follow the proper procedures when stopping your vehicle for a DUI investigation. You could seek to suppress the evidence collected at a DUI stop if the officer lacked probable cause to stop you.
  • Field sobriety test failures. Before administering a blood or breathalyzer test, an officer must administer a field sobriety test. The test helps assess your level of intoxication. However, these tests are not always accurate and could be subject to errors.
  • Breathalyzer or blood test result issues. Blood and breathalyzer tests are critical pieces of evidence in a DWI in Texas. However, the officers do not always follow the proper procedures to administer the tests. Faulty breathalyzer devices and incorrect handling of the samples can cause errors in the results. You can seek a reduction of your charge based on inaccurate blood and breathalyzer test results.

If the defense attorney successfully challenges the evidence, they can negotiate a charge reduction or case dismissal.

Plea Bargaining to a Lesser Charge

In many cases, your DWI charge can be reduced through the plea bargaining process. A plea bargain involves pleading guilty to a lesser charge in exchange for dismissal of your DWI charge. Not all defendants facing a DWI in Texas receive a plea bargain. Your attorney must negotiate with the prosecution for the deal.

Plea bargaining is a standard method to reduce the severity of criminal charges. Some of the factors that influence the plea bargaining process include

  • Presence or absence of aggravating and mitigating circumstances in your second DUI case
  • The results of your blood and breathalyzer tests
  • The strength of the prosecutor's case
  • Your cooperation with law enforcement

Circumstances Under Which the Court Can Reduce Your 2nd DUI Charge

In Texas, you can negotiate with the court to reduce your DWI charge to a lesser offense. You could do this through entering a plea deal or other legal processes. However, DWI laws are strict, and a reduction of charges is not always guaranteed. The following are some of the circumstances that could compel the court to reduce the DWI:

Violation of your Constitutional Rights

Another circumstance that might compel the court to reduce your second DUI charge is if law enforcement officers have violated your constitutional rights. Even when you face an arrest and criminal charges in Texas, you have some constitutional rights that must be protected throughout the detention, interrogation, and prosecution.

Violating these rights can weaken the prosecutor's case and give you a basis to seek a charge reduction. Common constitutional violations under Texas law include:

  • Lack of Probable Cause for a DUI Stop

Under the Fourth Amendment of the U.S. Constitution, police officers must have reasonable suspicion for a traffic stop. Reasonable suspicion means that there are circumstances that would lead a reasonable person to believe that you violated a law. A DWI stop is unlawful if an officer conducts it without probable cause.

Under Texas law, any evidence collected from an unlawful DUI stop is inadmissible in court. The evidence could include breathalyzer results, field sobriety tests, or statements you make. Proving that your DWI stop was unlawful can weaken the prosecution’s case and compel the court to reduce your charges.

  • Lack of Probable Cause for an Arrest

After a DUI stop and interaction with law enforcement officers, they must have probable cause to arrest you. Under these circumstances, probable cause is the reasonable belief that you committed a crime. In DUI cases, an officer must have probable cause to arrest a driver for driving under the influence.

An officer can establish probable cause by observing signs of impairment. They include:

  • The smell of alcohol
  • Slurred speech
  • Bloodshot eyes
  • Poor performance on field sobriety tests

You can challenge your 2nd DUI arrest if the officers lack probable cause. If an arrest is unlawful, the evidence collected afterward is considered inadmissible in your case.

  • Failure to Issue Miranda Warnings

The Fifth Amendment protects individuals from self-incrimination. One of the most important rights under this amendment is the right to remain silent. After a DUI arrest, law enforcement officers can use the information you give them against you in the DWI case. Therefore, officers should read your Miranda rights before conducting any questioning.

The Miranda rights notify you of your right to remain silent and the right to seek legal representation. You can avoid providing the wrong information by remaining silent until you have an attorney. Your lawyer will ensure that you answer the questions appropriately. If you cannot afford a lawyer, the court should appoint one.

If the arresting officer did not read your Miranda rights or you were not allowed to hire an attorney, you can claim a violation of your constitutional rights. Under these circumstances, you could convince the court to reduce your second DWI charge to a lesser offense, such as reckless driving.

No Other Aggravating Circumstances in Your Case

Texas law is stringent on repeat DWI offenders. Therefore, facing an arrest for a second offense for driving while intoxicated is a serious offense. Reducing a second DUI is challenging because being a repeat offender is an aggravating circumstance. However, you can convince the court to reduce your charges if there are no other aggravating circumstances, including:

  • Causing injuries while driving under the influence
  • Having a child under fourteen years in the car during the 2nd DWI arrest
  • Dangerous Driving

DWI with a BAC Below 0.15

Under Texas law, the legal BAC for drivers operating on a standard license is 0.08%. Exceeding this limit could result in an arrest and DWI criminal charges. However, your DWI is more severe when your BAC is at 0.15 % or more. You could seek a reduction of your second DUI by proving to the court that your BAC was lower than 0.15%.

Dismissal of Evidence

The evidence collected by the arresting officer before and after an arrest plays a significant role in your DWI case in Texas. If the arresting officer did not follow proper procedures during the DWI stop, your attorney can petition the court to dismiss the evidence. A dismissal of critical evidence can weaken the prosecutor's case.

Under these circumstances, you could seek a reduction of your charges. For example, if there were issues with administering the breathalyzer test, the court can throw out the test results from your case.

Willingness to Rehabilitate

The court considers your willingness to undergo rehabilitation when determining potential DWI reductions. Most DWI charges are a result of long-term problems like substance abuse and dependency. You could convince the judge to reduce your charge by demonstrating your willingness to address the drug-related issues.

Rehabilitation allows you to reintegrate into society and become a productive, law-abiding citizen. Additionally, rehabilitation programs can provide you with the tools necessary to reduce the likelihood of reoffending.

It can also signal to the court that you are taking responsibility for your actions and committed to positive changes in your life. These actions involve undergoing drug rehabilitation and counseling. The willingness to rehabilitate without a court order can significantly influence a judge’s decision.

DWI Reduced Charges in Texas

When you face charges for driving while intoxicated in Texas, the court can agree to reduce your charges. A charge reduction means that you can face charges for a lesser offense. A conviction for a lesser charge will result in more lenient penalties and collateral consequences. Standard reduced charges available for a 2nd DWI offense in Texas include:

Obstruction of a Highway

In Texas, a plea deal for DWI can involve a charge like obstruction of a highway. Under Texas Penal Code 42.03, it is unlawful to block or obstruct any public road or passageway intentionally. The prosecutors might offer a plea deal that involves pleading guilty to obstruction of a highway when you face charges for a 2nd DWI.

A violation of PC 42.03 is a lesser charge than a DWI. You can negotiate for reducing your DWI to obstruction of a highway if there are issues with the DWI case. These issues could include insufficient evidence to prove intoxication or your willingness to participate in a diversion program. Accepting a plea deal involving obstruction of a highway could result in a reduced penalty, such as:

  • A lesser fine
  • Lesser or no jail time
  • No driver's license suspension

However, a plea deal means you cannot fight the lesser charge. Therefore, you must carefully evaluate it with the guidance of a reliable defense lawyer.

Reckless Driving

In Texas, reckless driving is a less severe offense than driving while intoxicated. If you face charges for DWI, you can convince the court to reduce it to reckless driving by entering a plea deal. Texas Penal Code 545.401 defines reckless driving as a vehicle with a willful disregard for people's or property's safety. It can apply in cases where a driver engages in the following conduct:

  • Speeding
  • Weaving in and out of traffic
  • Driving erratically

Under Texas law, reckless driving is a Class B misdemeanor. A conviction for the offense will result in fines of up to $2,000, a jail sentence of up to 180 days, or both. Additionally, you risk facing driver's license suspension for up to a year. A DWI conviction, on the other hand, can result in:

  • A jail sentence of up to one year
  • Up to $2000 in fines
  • Mandatory driver's license suspension
  • Probation

If you face charges for DWI and the prosecution has insufficient evidence to prove intoxication, you can enter a reckless driving plea. In this case, a plea deal allows you to plead guilty to reckless driving. The charge reduction can significantly reduce the severity of the consequences. Reckless driving offers a less damaging alternative for defendants facing DWI charges.

Public Intoxication

Texas Penal Code Section 49.02 defines public intoxication as appearing in a public place while intoxicated to the point of posing a danger to yourself or others. When you face charges for driving while intoxicated, the prosecution must prove that you operated a vehicle. If there is no clear evidence to support this element, you can seek a reduction in your charge for public intoxication.

Public intoxication is a Class C misdemeanor under Texas law. The penalties you face after a conviction for this offense include a fine of up to $500. No jail time is associated with public intoxication unless you pose an immediate risk to public safety. A 2nd DWI conviction in Texas will attract a jail sentence, heavy fines, and a mandatory alcohol treatment program.

If you are not in control of a vehicle but were intoxicated in a public place, the court can reduce your DWI. The reduction in charges helps minimize the legal consequences of your conviction. Additionally, it enables you to keep your driver's license since there is no license suspension for public intoxication.

Find Expert Legal Insight Near Me

The consequences of a conviction for DWI in Texas go beyond incarceration and fines. The court may order a suspension or revocation of your driver's license. Additionally, you will have a permanent criminal record that will impact other aspects of your life. Fortunately, you can negotiate a lesser sentence or penalties with the court.

Through plea bargaining or challenging the evidence presented by the prosecution, you can convince the court to reduce your charges to reckless driving or public intoxication. Seeking a reduction of your charges is one of the ways you can reduce the penalties and consequences of your DWI in Texas.

Facing a second DWI charge means that you are a repeat offender. Therefore, a successful reduction of your charge can prove challenging. Consequently, you will require the guidance of a skilled DWI lawyer. At Fort Worth DWI Defense Lawyer, we will offer the expert legal insight you need to secure a favorable outcome in your case. Contact us at 817-470-2128 from Fort Worth, TX, to discuss your case.