Reader’s Question:

My brother was charged with DUI here in Texas. I want to help him as much as I could. Can we be able to beat this charge? I also want to know if we can be able to get a plea bargain.

Craig

El Paso, TX

I have to be honest that most Texas DUI charges are difficult to beat and it will cost a lot more to fight than to make a deal. The law enforcement authorities usually do a good job and the hard truth is most defendants are guilty of the DUI charges. However, police officers sometimes slip up. They may not have had a good reason to stop your brother’s car. They may not have had enough evidence to require a blood alcohol content (BAC) test. They might have done the tests wrong as well. Your brother may have credible witnesses who can say he was not intoxicated. A good DUI lawyer in Texas can review these issues with your brother and give him better answers.

Regarding your concern about plea bargain, usually a good DUI lawyer can get a first DUI charge reduced. But sometimes, it is more difficult to reduce a DUI if the BAC is particularly high. The individual prosecutor might have a set number in mind. For some of them, that means over 0.15 percent. For the others, it may be 0.18 or 0.20 percent. But others would agree to a plea bargain regardless of the BAC. The other factors that may prevent a plea bargain would be if the charge arose out of a serious accident, if the defendant has a criminal record, or if it is not the first DUI offense. In these cases, a good DUI lawyer may be able to get a reduction later if they can find any weakness in the prosecution’s case. It can be possible to get a reduction even with a high BAC if the defendant get a substance abuse evaluation and comply with the treatment recommendations from the evaluation.