Upon conviction for a felony DWI in Denton, you could spend years or even decades in prison. Prosecutors may seek a felony DWI charge if you have prior drunk driving convictions or if you caused an accident while driving drunk that caused property damage, injury, or death.
A felony DWI lawyer in Denton can help, protecting your legal rights and working to get your DWI charges reduced or dismissed. The Law Offices of Randall B. Isenberg will provide a no-cost, no-obligation consultation to learn more about your options.
Contact us today at 214-696-9253 to learn more.
Will I Go to Prison for a Felony DWI Conviction?
Virtually any felony DWI conviction will put you behind bars. The only variable is how much time you will serve.
Prosecutors can pursue felony charges ranging from a state jail felony all the way up to a first-degree felony charge.
Conviction for a first-degree felony puts you in prison for five to 99 years, with a $10,000 fine and a potential two-year driver’s license suspension.
A second-degree felony will net you two to 20 years in prison, a $10,000 fine, and a driver’s license suspension up to two years.
A third-degree felony carries two to 10 years in prison, a $10,000 fine, and a driver’s license suspension of up to two years.
A state jail felony means six months to two years in state jail, a $10,000 fine, and a driver’s license suspension of at least six months
Each of these charges also requires that you pay a $2,000 surcharge to get your driver’s license back. This charge is due once per year for a total of three years.
You will also need to install an ignition interlock mechanism on your car and attend alcohol education courses. The judge can require you to perform as many as 1,000 hours of community service and place you on supervised probation.
A felony DWI is also a permanent fixture on your criminal record which can interfere with your ability to get a job, rent an apartment, hold a professional license, or get a student loan. And, with a felony conviction, you will lose your right to vote, sit on a jury, or own a firearm.
What Is a Felony DWI Offense?
The prosecutor can pursue felony drunk driving charges upon your third DWI offense or for a subsequent drunk driving offense after an intoxication manslaughter conviction.
You will face felony charges if you caused an injury accident while driving drunk or if you caused a DWI accident in which someone died. The prosecutor can also charge you with a felony if you drove drunk with a minor (age 14 or younger) in your car.
Will I Lose My Driver’s License for Felony DWI?
Like any drunk driving arrest in Texas, you must attend a DMV suspended license hearing for felony DWI charges, to determine the disposition of your license.
When the police pull you over on suspicion of drunk driving, officers will attempt to establish probable cause for a chemical BAC test. Once they establish probable cause (typically done using field sobriety tests or a portable, roadside breath testing device), the police will take your license and issue you a temporary permit to drive.
To prevent the suspension of your license, you must schedule an Administrative License Revocation (ALR) hearing within 15 days. If you fail to schedule your ALR hearing, the Texas Department of Public Safety (TxDPS) will revoke your driver’s license.
At the time of your ALR hearing, you must provide sworn testimony regarding your alleged offense. The arresting officer must also appear and give testimony.
After the hearing, the judge will issue a ruling. If the judge suspends your license, your lawyer can appeal the decision or petition the court for a provisional license. This license allows you to drive to work or school and to important personal appointments.
What Legal Strategies Will Your Felony DWI Lawyer Use?
In addition to protecting your legal rights throughout the criminal process, your felony DWI lawyer from the Law Offices of Randall B. Isenberg will craft a solid case to defend you in court.
We will begin by reviewing the facts and evidence in your case. Any potential mistakes the police made during your arrest or while obtaining evidence can provide leverage for negotiating with the prosecutor.
In many cases, we are able to convince the prosecutor to reduce the charges or even dismiss your case.
For example, if the police lacked reasonable suspicion to pull you over, we may argue that the traffic stop was illegal. If the officers failed to follow the established procedures for field sobriety testing, we might argue that they lacked probable cause to arrest you and make you submit to chemical BAC testing.
In either case, the court may disallow important evidence the prosecution needs to make their case.
If the police ignored protocols while testing your blood for its alcohol content, we may petition the court to have that evidence thrown out as well.
For a felony DWI charge, the prosecutor must meet a high burden of proof. If your case does go to court, our team can use any number of legal strategies and arguments to establish reasonable doubt in the mind of the jury.
Did You Know You Can Meet with a Felony DWI Lawyer in Denton for Free?
Attempting to fight these serious charges on your own means risking your entire future. Before you make any decisions about the next step, take advantage of the free consultation and case review offered by the Law Offices of Randall B. Isenberg.
Randall brings more than three decades of experience to the table, including time spent as a district court judge and felony prosecutor. This background and experience gives him the knowledge it takes to help you fight felony DWI charges.
Contact our office today at 214-696-9253 to schedule your free consultation with a felony DWI lawyer in Denton.