If you are facing a DWI charge in Texas, a lawyer may be able to help in getting the charges reduced or dismissed. A DWI defense lawyer in East Texas explains.
How Can a Lawyer Help Reduce or Dismiss DWI Charges? A DWI Defense Lawyer in East Texas Explains
Assessing Whether a Traffic Stop Is Legitimate
Any traffic stop must be carried out on legitimate grounds, such as a clear traffic violation or clear indication of impaired driving. If the traffic stop was not based on something legitimate, as defined by law, then your lawyer has grounds for challenging the stop.
A stop may be considered illegal if it was profiling based on characteristics protected by law, such as race, gender, or religion. Stops based on an anonymous tip, without any independent corroboration, are also illegal, as is any stop with a fabricated or misrepresented justification. This could be something like claiming there was a broken taillight when there was none. If the stop is challenged effectively, then there could be grounds for reducing or dismissing the DWI charges.
Examining the Conduct of the Officer
The law clearly outlines the steps that must be followed when someone is stopped for a traffic violation. If the officer’s conduct was not in keeping with the law and proper procedure, this may be grounds for your lawyer to challenge the charges.
The officer must have had reasonable suspicion for conducting the traffic stop. The officer must protect the constitutional rights of each individual involved, e.g., reading the “Miranda rights” to whoever is stopped. They must follow proper procedure when conducting the stop and administering tests, such as blood alcohol or field sobriety tests. Improperly administered tests are prone to have inaccurate results, so a lawyer will examine your account of what happened and the police report for factors that might have compromised the results.
Negotiating with the Prosecution
A defense lawyer may be able to negotiate directly with the prosecution to achieve reduced charges or lesser penalties. It may even be possible to get charges dismissed through negotiation. This is where a lawyer’s experience is invaluable. An attorney’s connections and relationships within the legal community, as well as their knowledge of the law and experience with what does and doesn’t work, may be what helps to reduce or dismiss DWI charges.
Exploring Alternative Sentencing
It may not be possible to get the DWI charges against you dismissed, but a lawyer may be able to advocate for alternatives to jail time. Probation or community service may be options, or mandatory participation in an alcohol treatment program.
The goal of alternative sentencing is to support you in changing the direction of your life choices, rather than simply focusing on punishment. If you demonstrate willingness and determination to make a positive change, it will help your lawyer in pursuing alternative sentencing on your behalf.
If you or someone you love is dealing with a DWI charge, reach out to Ryan Hill Attorney at Law in Longview, TX, for legal counsel and assistance.
