How Does A Prior DWI Arrest Impact My Current Case If There Wasn’t A Conviction?
If this is your first time being charged with DWI, the punishment range for a first DWI is a minimum of 3 days up to 180 days and up to a $2000 fine. If you were to have a previous conviction for DWI that would make it a second DWI where the minimum jumps from 3 days up to 30 and the maximum goes up to a year, so 30 days to a year in jail and up to a $4000 fine. If you do not have a previous conviction but you have previously been arrested for the offense then you would still be charged with a DWI 1st, but there will be some consequences. Getting help from an Austin TX DWI defense attorney is advised in such cases. The DWI defense attorneys in Austin, Texas at our office have represented numerous clients in similar cases over the years. It is much more likely if you have a DWI first with a previous charge that had been outright dismissed, or you got found not guilty, or it was reduced down to a lesser charge, it’s much more likely that the judge who signs off on the personal bond would require you to maintain some type of alcohol monitoring device in your vehicle and in addition to that, the prosecutors will not treat the case as a DWI 1st.
They’ll see that on your criminal history you have a prior charge, be it from in Texas or one from out of state, and they will be much more difficult to negotiate with. In my experience, these days when I see a prior reduced charge or prior dismissed DWI, they are nearly unwilling to reduce the case. So while you will not be charged with a DWI second, it will be significantly more difficult for us to get the charge dismissed or reduced, and if you do want to get it off your record or be able to get it sealed or at least have the DWI dismissed, you should anticipate doing a lot of work up front in terms of the counseling and the ignition interlock device, community service, alcoholics anonymous and ultimately I would really anticipate that the case may have to be set for trial. It’s not unlikely at all that you would have to have a trial and get found not guilty even if it is a weak case for the prosecutors, because I think the trend more and more is going to be that the prosecutors are going to be more intransigent in not reducing those cases and are willing to lose a trial instead.
For more information on Prior DWI Arrest Without Conviction, a free initial consultation with an Austin TX DWI defense attorney is your next best step. Get the information and legal answers you are seeking by calling (512) 601-0009 today. Our DWI defense attorneys in Austin, Texas have helped dismiss DWI cases for numerous clients over the years.
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