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Can You Get DWI Charges Reduced?

Updated: Feb 20, 2024 @ 10:50 am

Less than 1 minute Reading Time: Minutes

At The Law Offices of Tad Nelson & Associates, we always strive for the best result for our clients. Sometimes, the police make some mistake which allows us to immediately move for dismissal of your charges. In other situations, we can convince the prosecutor to drop the charges before your case ever makes it to trial. And in still other situations, a plea deal is the best option.

Our legal team has had excellent success getting charges reduced. Call us to speak with a DWI defense attorney.

What Are Your Options?

A plea deal involves pleading guilty to a lesser or reduced charge. Both sides win. The prosecutor clears the case off her desk. You typically end up with a lighter sentence. We might get a DWI reduced to:

Obstruction of a Highway

Obstruction of a highway can be charged as a Class A misdemeanor. We have gotten many DWI charges reduced to this offense.

Reckless Driving

Under Section 545.401 of the Texas Transportation Code, you commit reckless driving when you operate your vehicle in a willful or wanton manner. This is more serious than being merely careless; instead, you show a lack of concern for the safety of other people.

This is a misdemeanor offense, which can result in a maximum of 30 days in jail or a $200 fine, or both. We can argue with the prosecutor to recommend only a fine, which would allow you to avoid mandatory time in jail with a DWI conviction.

Speeding Ticket

Our firm has had success reducing DWI charges to a simple speeding ticket. You will have to pay a fine, but you’ll avoid a criminal conviction.

Misdemeanor DWI (Instead of a Felony)

In some situations, the best bet is to get a felony DWI reduced to a misdemeanor charge. You might face felony charges if you had a child passenger in the vehicle with you or if this is your third DWI.

By reducing it to a misdemeanor, we can minimize the amount of time you could possibly serve behind bars. Also, you wouldn’t suffer the consequences that come with a felony conviction (like loss of gun rights).

Will a Prosecutor Offer to Reduce Charges?

You don’t have a legal right to demand a plea deal. It’s up to the prosecutor to offer one. There are few bright-line rules. Generally, you are better positioned to get a plea deal if the evidence against you is weak. Remember, if the prosecution goes to trial, they could lose. A plea deal might be a way for them to get a “win” and save face with their boss.

Your criminal history also matters. If you are a habitual offender, then your odds of a favorable plea are very low.

The facts and circumstances also matter. If you ended up hitting someone, then a prosecutor won’t reduce intoxication assault charges to a speeding ticket.

Call Us Today

Based on our experience, we can help you understand what is likely to happen in your case. That’s one reason for hiring someone with our experience. We’ve negotiated dozens of pleas over the years and know the lawyers on the other side quite well. Schedule your consultation today.


Houston DWI Lawyer Tad A Nelson is Board Certified in Criminal Law by the TBLS.

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