Getting arrested for a DWI is a scary experience. If convicted, the consequences can be life-changing. A DWI means being intoxicated while operating a motor vehicle in a public place. It may be possible to get your charges reduced to reckless driving through a plea bargain, however, with the help of a Frisco DWI lawyer, like Philip Ray.
In a plea bargain, the defendant enters into an agreement with the prosecutor to plead guilty to a lesser charge. Read below to learn more about getting DWI charges reduced to reckless driving in Frisco, Texas.
What is Reckless Driving in Frisco?
Under Texas Penal Code § 545, 401, an individual commits a dry reckless offense for deliberately driving a vehicle in disregard for other people’s safety. “Wet reckless” refers to a reckless driving offense that involves alcohol or drugs.
Why Should You Try to Get a DWI Charge Reduced to Reckless Driving in Frisco?
In Texas, a DWI conviction carries severe penalties. The consequences heavily depend on whether the defendant has prior convictions but can include hefty fines, jail time, and suspension of their driving license. For a first-time DWI offense, a defendant will receive a maximum fine of $2,000, suspension of their driver’s license for up to two years, and jail time of up to 180 days. Not to mention, there is a strong stigma around DWI offenses. The DWI conviction will be on your criminal record and may make it difficult to obtain employment, apply for college, and find housing.
Whereas an alcohol-related reckless driving conviction is a misdemeanor offense and has less severe penalties than a DWI. If you are convicted of reckless driving, you face a maximum fine of $200 and/or 30 days in jail. It is unlikely that you will serve jail time. Furthermore, you are less likely to lose your license, and your insurance premiums will not rise as high. When you plead guilty to reckless driving, you may be able to avoid the most severe consequences of a drunk driving conviction.
What Factors Help Get a DWI Charge Reduced to Reckless Driving in Frisco?
Every case is unique, and there are many different factors that can help you get your DWI reduced in Frisco. Some of the most common factors are listed below.
- You have no prior criminal convictions;
- You have no traffic record;
- You have no prior DWIs;
- You had a blood alcohol concentration (BAC) either below or close to .08% at the time of the arrest;
- Your arrest did not result from a car collision that caused property damage, injuries, or death;
- You cooperated during the arrest and respected the police officers; and
- You are not facing further charges, such as an open container offense or resisting arrest.
In addition, your attorney will have a greater chance of negotiating a plea bargain if your case is weak. Your DWI lawyer will try to poke holes in in the prosecution’s case against you and present these weaknesses to the prosecution. For example, your lawyer will investigate whether the police had probable cause to make the traffic stop and whether law enforcement properly conducted the field sobriety or breathalyzer tests. If the case against you is weak, there is a greater likelihood the charges can be reduced or dropped.
Do You Need an Attorney to Get a DUI Reduced to Reckless Driving in Frisco?
You will need a qualified Frisco DWI attorney on your side to have the best chance of having your DWI charges reduced to reckless driving. Your lawyer will examine the facts of your case and put a solid defense strategy in place. Through skilled negotiation, your lawyer will fight to get the prosecution to agree to a reckless driving charge.
Speak to an Experienced Frisco Criminal Defense Attorney
If you or someone you know is facing DWI charges, you should immediately reach out to a local Frisco criminal defense attorney. Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.