Having a DWI conviction on your criminal record can impact you long after you have served your sentence and paid your fine. It can prevent you from getting affordable car insurance, passing a background check, or being hired for a job. This is true even for a first offense.
A first offense DWI lawyer in Frisco, TX can help you beat the charge and move on with your life. At the Law Offices of Randall B. Isenberg, we help clients avoid the potentially life-changing consequences of a DWI conviction. We can review your case, explain your legal options, and prepare a defense strategy that leads to the best outcome. To receive a free case evaluation, call us today at 214-696-9253.
The Legal Blood Alcohol Limit in Texas
You are legally intoxicated in Texas with a blood alcohol concentration (BAC) of 0.08 percent or more. If you blow this number or higher on a breathalyzer, you can get charged with DWI even if you do not look or act impaired. You can also get arrested for DWI if you exhibit signs of impairment, even if your BAC is below 0.08 percent. A standard first-offense DWI in Texas is a Class B misdemeanor.
Certain extenuating circumstances can bump your DWI charge to a more serious misdemeanor or even a felony. If your BAC is 0.15 percent or higher, your DWI automatically becomes a Class A misdemeanor, carrying the potential for higher fines and a longer jail sentence.
Zero-Tolerance Policy for Drivers Under 21
Texas has a zero-tolerance policy for alcohol in drivers under 21. If you are under the legal drinking age, even a trace of alcohol in your system (for instance, a 0.01 percent reading) can result in a DUI charge.
Penalties for a First-Offense DWI in Frisco, TX
The penalties you may face for a first-time DWI conviction in Frisco include:
- Up to 6 months in jail
- A fine of up to $2,000
- Loss of driver’s license for up to 1 year
- A fee of up to $2,000 per year for 3 years to reinstate your license
At the judge’s discretion, you may also be required to:
- Perform community service
- Attend a DWI or substance abuse class
- Install an ignition interlock device on your vehicle upon having your license reinstated
Keeping Your License After a First-Offense DWI Charge
Even if you have not been convicted of DWI, the police may confiscate your license upon arresting you. If this happens, you have 15 days to request an Administrative License Revocation (ALR) hearing, at which you can argue for why you should keep your license while your case is in process.
Similarly, if you refuse to submit to blood alcohol testing, you can lose your license in Texas even if you ultimately get cleared of DWI charges. You must request and attend an ALR hearing to avoid this fate, as well.
An ALR hearing lawyer in Frisco, TX can help you prepare for an ALR proceeding and represent you at the hearing itself. Criminal defense attorney Randall Isenberg will fight to help you keep your license.
To receive a free consultation right away, call our office at 214-696-9253.
Defense Strategies for Beating a First-Offense DWI
If your case goes to trial, we have several defense strategies we can call upon to have your charges dropped or reduced. A first offense DWI lawyer in Frisco, TX’s ultimate goal is to keep you from having a DWI conviction on your record and suffering the consequences such a result would entail.
The circumstances of your case will determine the strategy we use. Some of the defense tactics we have successfully used with other first-offense DWI clients include:
Lack of Reasonable Suspicion
A police officer must have a good reason to pull you over. In legal terms, this reason is called “reasonable suspicion.”
That is, just because you are driving late at night near a part of town known for nightlife does not mean an officer can randomly pull you over and check to see if you have been drinking. But if you break a traffic law or have a vehicle defect, such as a broken tail light, they can use that as reasonable suspicion to stop you.
We can investigate your arrest and determine if the officer had reasonable suspicion to pull you over. If not, we can get any evidence they collected after that point invalidated.
Lack of Probable Cause
Even if the officer has reasonable suspicion to pull you over, they need probable cause to request you submit to blood alcohol testing. Probable cause could be that you have bloodshot eyes, alcohol on your breath, or slurred speech. But if the officer lacked probable cause, the results of a BAC test, even if you failed spectacularly, are not admissible in court.
Failure to Follow Proper Protocol
If the officer failed to follow proper protocol when carrying out your arrest, or if the equipment they used to test your BAC was not properly calibrated, we may be able to get your case thrown out.
Pleading to a Lesser Offense
Finally, if the prosecution’s case looks insurmountable, we may be better off approaching them and working out a plea deal in which you agree to plead guilty to a lesser charge such as reckless driving.
This is where attorney Randall Isenberg’s career history can benefit you. He spent many years in the Texas court system working as both a prosecutor and a district judge. He knows how to negotiate with the other side because he has been in their shoes.
Call 214-696-9253 to Receive a Free DWI Case Evaluation from the Law Offices of Randall B. Isenberg
Attorney Randall Isenberg and his team want to help you move past the DWI charges you are facing with minimal impact on your life. We will fight for your rights and use our extensive resources to help you beat this charge. To receive a free case evaluation with a first offense DWI lawyer in Frisco, TX, call today at 214-696-9253.