As a former prosecutor and state district judge and with 30 years of experience, Randall B. Isenberg knows how impactful a DWI can be on a person’s life. Whether you are facing your first DWI charge or a subsequent charge carrying serious penalties, the Law Offices of Randall B. Isenberg is prepared to fight on your behalf to secure a fair outcome.
There are many aspects of a DWI charge that can get overwhelming quickly. Having a Farmers Branch DWI lawyer by your side during this process can ensure that you take the right steps to protect your rights. To learn more if our firm will be able to assist you, get in touch with us today at (214) 696-9253.
DWI Charges in Texas
According to the Texas Department of Transportation (TxDOT), you are deemed to be driving under the influence when your blood alcohol concentration (BAC) reaches a level of 0.08% or more.
For your first offense, you face up to $2,000 in fines and three to 180 days in jail. (Note that there are no mandatory minimum days of incarceration.) You will also lose your driver’s license and other driving privileges for up to one year. This last part can have the most damaging impact on your life. Without a license, you lose a lot of your freedom and become dependent on other people for transportation.
When you face a second DWI offense within a certain period of time, the sentencing increases. You may now be required to pay up to $4,000 in fines, spend one month to a year in jail (three days as a mandatory minimum), and lose your driver’s license for up to two years.
Your third DWI offense carries even harsher penalties starting with a $10,000 fine and at least two years in prison. Some offenders may spend as much as a decade in prison. You will also lose your driving privileges for up to two years.
There are other situations that may carry different penalties, such as having a child under the age of 15 in your vehicle at the time of the arrest. In this situation, you will face an additional fee of $10,000, more jail time, and the loss of your license for an additional 180 days. In addition, if your BAC reaches a certain level, then the penalties may also increase. For example, with a BAC of 0.15% or higher, your charge is raised from a class B misdemeanor to a class A misdemeanor.
According to the Texas Department of Public Safety (DPS), there may be other requirements imposed in your sentencing, including an alcohol rehabilitation program, the installation of an ignition interlock device in your car, and conditions of probation. Convictions can also change your ability to own and use firearms, vote, and obtain financial loans.
There may be ways to plead down your charges or to fight unfairly heightened charges against you. The Law Offices of Randall B. Isenberg is available to discuss your DWI situation and whether a Farmers Branch DWI lawyer can assist you. Call today to learn more about your options at (214) 696-9253.
Defenses to DWI Charges in Texas
Just because you were charged with a DWI does not mean you will be convicted. There are many different steps that have to be taken before you are sentenced to a particular crime. In the meantime, you and your attorney can work together to determine whether there are any defenses that may be available to you to either have your charges dropped or reduced.
One way to challenge a DWI charge is by showing that law enforcement or the prosecution did not play by the rules when obtaining evidence against you or arresting you. You have certain rights, like the right to privacy, that cannot be violated. If you can show that the police or prosecution violated a key right, then any evidence obtained as a result of the violation must be thrown out.
Here are a few ways that you may be able to challenge your DWI charge:
- Reasonable suspicion: If you can show that the officer who stopped you did not have reasonable suspicion to stop you, then the evidence against you must be thrown out. Police cannot just pull you over for any reason. They must have a reasonable suspicion that you recently committed a crime or are in the midst of committing a crime.
- Field sobriety test procedures: If the police did not follow the correct field sobriety test procedures, then they may not be able to uphold your DWI conviction.
- Breathalyzer results: Breathalyzers are the most common way to assess your BAC, but if they are not calibrated regularly, the results may be unreliable and must be tossed out.
- Blood test results: If your BAC was tested through a blood test, you could also challenge the accuracy of the blood test.
- Witness testimony: People sometimes do not remember things as well as they think they do. An attorney may be able to show that testimony against you is not reliable.
- Police report: Your lawyer may challenge the contents of a police report and an officer’s recollection of the events that gave rise to your arrest.
There may be other defenses available to you. It is important to note that you are not limited to one defense, and can assert multiple defenses against your charges. This is a critical step in getting your charges dropped or reduced.
Consult a DWI Defense Lawyer About Your Case
Working with a Farmers Branch DWI lawyer can help you understand more about what you are truly up against. Instead of thinking that you are totally alone, turn to our law firm for the support you need.
To learn more about how the Law Offices of Randall B. Isenberg can assist you, call us as soon as possible at (214) 696-9253.