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DWI Reduction and Dismissal in Texas

In Texas, driving while intoxicated (DWI), also known as driving under the influence (DUI) or drunk driving, is a serious criminal charge that can have far-reaching legal, financial, and personal implications.

However, DWI charges do not always result in convictions. A conviction for DWI sometimes can be avoided due to missteps by the police or prosecutor, through a plea bargain that reduces the DWI charge to a lesser charge or with an outright dismissal of the charge.

Texas law deals harshly with anyone convicted of DWI, whether the offense is driving under the influence of alcohol or driving under the influence of drugs. A DWI conviction can have numerous consequences, including:

  • A permanent criminal record;
  • Jail time;
  • Fines and fees;
  • Probation and probation fees;
  • Community service requirements;
  • Drug or alcohol testing;
  • Mandatory DWI education classes and attendance at a victim impact panel;
  • Loss or restriction of driver’s license;
  • Installation of an vehicular ignition interlock device and fees;
  • Hefty surcharges levied by the Texas Department of Public Safety (DPS);
  • Higher insurance rates; and
  • Strained personal relationships.

Anyone accused of DWI, DUI or drunk driving in Austin, Texas or Travis County should consider consulting with an experienced criminal defense attorney right away. A qualified lawyer may be able to find inconsistencies or weaknesses in the prosecution’s case to introduce reasonable doubt, which could lead to a reduction or dismissal of charges.

Austin Lawyer for Reduction and Dismissal of DWI Charges

The Law Office of Kevin Bennett is equipped with the knowledge and resources necessary to defend people charged with DWI in Austin, Texas. Kevin Bennett is a dedicated DUI attorney in Travis County who will work around the clock to achieve the most favorable outcome possible, which can often mean avoiding a trial and negotiating a reduction of a DWI charge or a dismissal of a DWI charge.

The Law Office of Kevin Bennett will take a DWI case to trial if necessary to fight against a conviction and will always uphold the most favorable interests of its clients. When representing you, Kevin Bennett believes in being completely transparent so that you are aware of every single detail pertaining to your case.

Our Austin attorney limits his caseload specifically so he can devote the personal attention his clients deserve. Call The Law Office of Kevin Bennett today at (512) 476-4626 to schedule your free initial consultation.

Overview of Reduced and Dismissed DWI Charges

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DWI Reduction and Dismissal in Austin, Texas

Every DWI case is different with its own unique set of circumstances. Sometimes the police deviate from proper procedures or make mistakes during a traffic stop.

In some cases, field sobriety tests or breath tests are conducted improperly. In other cases, evidence or witnesses may disappear or be compromised, procedural errors may occur, or other issues may be in dispute.

In a DWI case, there are several different versions of what actually happened: the story according to the person accused, the story according to the police, the story told by any witnesses, the story told by any video or audio recordings, and the story told by the results and recordings of breath tests, if any were conducted.

A good DWI defense attorney will scrutinize all of the legal and factual issues to look for mistakes or inconsistencies in the prosecution’s case that could formulate reasonable doubt about guilt.

Sometimes, the mistakes made by the state result in a complete dismissal of all charges, but any weakening of the prosecution’s case could lead to a reduction of charges. One common reduced charge in a DWI case is “obstruction of a passageway,” which imposes fewer legal restrictions and fines on the offender than a DWI conviction.

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During a thorough examination of the facts of a DWI case, a defense attorney may raise a number of questions about the integrity of the traffic stop, the determination of sobriety vs. non-sobriety, and the arrest. A few of the questions a DWI defense attorney may ask include, but are not limited to:

  • Did police have reasonable suspicion of the commission of a crime before the traffic stop occurred?
  • Were field sobriety tests conducted properly?
  • What were the specific results of field sobriety tests?
  • Is there a video or audio recording of the traffic stop and/or field sobriety tests?
  • Did anyone else witness the traffic stop or the arrest?
  • What evidence was collected at the scene?
  • Did police issue a proper Miranda warning upon arrest?
  • What, if anything, did the pe