Can a DWI Be Reduced or Dismissed?

Prosecutors or judges could prevent DWI matters from moving forward.

Usually, a DWI cannot be reduced to a lesser-included offense. Most North Texas jurisdictions have mandatory DUI prosecution policies. When authorities file DWI charges, court prosecutors cannot voluntarily dismiss or reduce these charges under any circumstances. Involuntary dismissal is another matter. The judge could dismiss a DWI based on a procedural error or a lack of evidence on one element of the offense. More on these things below.

Mandatory prosecution policies take away an element of plea negotiations. But a Ft Worth criminal defense lawyer still has many options, such as a reduced sentence. Some of these options result in no conviction mark on the defendant’s permanent record. Dismissals require thorough preparation and assertive advocacy. A dismissal usually has the same effect on the defendant’s permanent record. The arrest record remains, but the conviction record disappears, for most purposes.

Mandatory Prosecution

These policies come and go as the political winds blow in different directions. Generally speaking, conservative politicians favor strong mandatory prosecution policies. Progressive politicians often get rid of these policies or at least water them down.

If a charge reduction is possible during plea negotiations, reckless driving is the most common lesser offense, followed by public intoxication.

Many states have built-in lesser included DWI offenses, such as OUI (operating under the influence) or a similar infraction. But, probably because of the prevalence of mandatory prosecution policies, Texas has no standard lesser included offense.

Reckless driving, which is sometimes called wet reckless in some jurisdictions, is the preferred lesser-included offense. In Texas, reckless driving is a misdemeanor defined as operating a vehicle with “willful or wanton disregard for the safety of persons or property.” Aside from driving under the influence of alcohol or drugs, other reckless driving scenarios include excessive speeding, street racing, weaving through traffic, and street racing.

Penalties for this Class B misdemeanor (the same level as first-time DWI) can include fines up to $2,000, up to 180 days in jail, or both, with potential for a permanent criminal record.

PI (Public Intoxication) is a possible but unlikely alternative. PI is not a driving infraction. Additionally, PI is a Class C misdemeanor, which is basically a traffic ticket.

Involuntary Dismissal

As mentioned, a Ft Worth criminal defense attorney could get a DWI thrown out of court based on a procedural error or a lack of evidence on one element of the offense.

Fourth Amendment violations are the most common procedural errors in DWI matters. Usually, officers must have reasonable suspicion (an evidence-based hunch) to detain motorists for any reason. A hunch justified by evidence (e.g., Officer Nancy sees Bill leave a bar late at night and she follows him until he commits a traffic infraction) is not reasonable suspicion.

DWI roadblocks allow officers to pull over motorists according to a pre-set formula, such as every fourth vehicle that passes through the checkpoint, whether officers have reasonable suspicion or not. DWI roadblocks must also adhere to strict guidelines. If a checkpoint falls short of the legal standard, any arrests arising from that checkpoint are illegal.

The “Driving While” element of a DWI can be impossible to prove in DWI collision cases. If a witness cannot “wheel” the defendant (place the defendant behind the wheel at or near the time of the collision), the case cannot move forward.

Contact a Dedicated Tarrant County Attorney

DWI charges often do not hold up in court. For a confidential consultation with an experienced criminal defense lawyer in Ft Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Convenient payment plans are available.