Pleading a DWI to a Reduced Charge

So, you've been arrested and charged with drivingacts alone or from his acts and the acts of others.
while intoxicated in Texas. Unlike every other criminalAlthough there is rarely an allegation that the driver
offense in Texas, a citizen accused of DWI is ineligibleactually obstructed anybody's access to a public road,
for deferred adjudication.obstruction of a highway is a popular reduced charge
Deferred adjudication involves a judge taking a pleain some jurisdictions.
and withholding a finding of guilt until such time as theObstruction of a highway is classified as a class B
defendant has completed a probation period. Shouldmisdemeanor in the Texas Penal Code. It carries a
the defendant be successful, the court will dismiss themaximum punishment of up to six months in the
case and the defendant will be allowed to seek acounty jail and a $1,000 fine. Importantly, there is no
petition of nondisclosure.license suspension upon a conviction of obstruction of
A person charged with driving while intoxicated has aa highway,
choice of pleading to the charge, taking the case toReckless driving. A person commits an offense if the
trial or bargaining for a reduced charge. As there is noperson drives a vehicle in willful or wanton disregard
lesser included offense for driving while intoxicated, thefor the safety of persons or property.
district attorneys in some counties will not offer aReckless driving is classified as a class B
reduced charge. However, there are exceptions and inmisdemeanor in the Texas Transportation Code. It
some counties a citizen accused of driving whilecarries a maximum punishment of up to 30 days in the
intoxicated may be permitted to enter a plea to acounty jail and a $200 fine. For a driver who holds a
reduced charge of obstruction of a highway orclass C driver's license, there is no suspension for a
reckless driving.reckless driving conviction. However, two reckless
What follows are the elements of driving whiledriving convictions for a commercial driver's license
intoxicated, obstruction of a highway and recklessholder in a three-year period can lead to a license
driving, along with the range of punishment for eachsuspension of 60 days. A third conviction in a
offense and implications for a citizen's driving privileges.three-year period will lead to a 120-day suspension.
Driving while intoxicated. A person commits an offenseTypical factors to be considered in arguing for a
if the person is intoxicated while operating a motorreduced charge are:
vehicle in a public place.- the criminal history of the defendant;
Driving while intoxicated is a class B misdemeanor (a- the particular driving facts in the case;
class A misdemeanor if the person has a prior DWI- whether or not there was an accident or an injury
conviction) in Texas. It carries a maximum punishmentinvolved;
of up to six months in the county jail and a $1,000 fine.- how well the driver performed on videotaped field
It also carries a license suspension of up to one year,sobriety exercises;
for both commercial and non-commercial (class C)- how the driver appears on video;
driver's licenses, as well as surcharge payments to the- the results of a chemical test, if any; and
Department of Public Safety of $1,000 a year for- the willingness of a prosecutor to try a DWI case.
three years.As a rule, the farther you move from major urban
Obstruction of a highway. A person commits anregions, the more likely a prosecutor is to offer a
offense if, without legal privilege or authority, hereduced charge in exchange for a plea.
intentionally, knowingly or recklessly obstructs aIf you've been wrongly arrested for DWI, you need an
highway...to which the public...has access or any otherexperienced DWI attorney to defend your rights and
place used for the passage of persons, vehicles orrestore your reputation. Contact Houston DWI
conveyances, regardless of the means of creating theAttorney Paul B. Kennedy for more information and a
obstruction and whether the obstruction arises from hisfree consultation.