Should you Fight a First Time DWI Charge?
Yes. It does not matter if you are facing your first, second, or fifth DWI charge – it is always advisable to fight the charge. Some drivers underestimate the gravity of a first time DWI charge, sometimes out of ignorance and in other cases, because they are familiar with other states’ more lenient DWI laws. In Texas, your first DWI conviction can land you in jail and strip you of your driving privilege for up to two years as well as subject you to other penalties. Even when a case seems like it will surely end with your conviction, you should always exercise your right to fight your charge.
Why you should Fight your DWI
You might not realize the legal options you have. There are many different ways to fight a DWI charge, and even if you were found to be over the legal BAC limit at the time of your arrest, the right legal strategy can lead to the court dropping the charge or reducing the penalties you face.
A first offense DWI conviction will subject you to the penalties discussed above. It will also remain on your criminal record forever; a DWI cannot be expunged.
If you are charged with another DWI in the future, having a previous DWI conviction on your record will subject you to the penalties for a second DWI, which are steeper than those for one’s first DWI conviction. Even if you initially feel you would rather accept the penalties for a first time DWI conviction than go through the hassle of fighting your charge, think of your future. A second DWI conviction can mean spending up to a year in jail and losing your driver’s license for up to two years, among other consequences.
Strategies for Fighting a DWI Charge
Our team has experience fighting DWI charges in Texas. Strategies we employ include:
- Demonstrating the illegitimacy of the original traffic stop;
- Suppressing irrelevant or illegally obtained evidence against the driver;
- Demonstrating that the police officer who conducted the stop somehow violated the driver’s civil rights or did not otherwise comply with the correct police protocol;
- Showing that the test used to measure the driver’s BAC was not properly calibrated or could not provide an accurate result; and
- Offering a plea to a lesser offense or seeking treatment options in place of a conviction.
The right strategy for your case depends on the circumstances of the case.
Work with an Experienced Dallas DWI Defense Lawyer
If you are facing a DWI charge, it is always in your best interest to fight it. If you fight it and win, you avoid having that DWI conviction on your record. If you fight it and lose, you could at least face lower penalties while having the satisfaction of knowing that you tried. When you choose to plead guilty, you are choosing to be convicted. Contact J. Michael Price II today to schedule your initial consultation with an experienced DWI defense lawyer who can discuss your rights and legal options with you further.