In Texas, driving while intoxicated (DWI) is a serious offense. You could face significant fines, jail time, and loss of your driving privileges for a first offense. If Irving, TX, police arrested you on suspicion of drunk driving or a related crime, it is important that you take these accusations seriously. Let the team from the Law Offices of Randall B. Isenberg review your case and help you develop a solid defense strategy.
Call 214-696-9253 to discuss your case with a member of the criminal defense team from the Law Offices of Randall B. Isenberg. A DWI lawyer in Irving, TX will protect your rights, review the facts of your case, and fight for a more favorable outcome on your behalf.
Understanding the Texas DWI Law
Like most other areas, the legal limit in Texas is .08 blood or breath alcohol concentration (BAC). If someone has a BAC at or above this level and is behind the wheel of a vehicle, they may face DWI charges. This is the primary way people face drunk driving charges in Texas.
However, Texas law also allows officers to arrest anyone who appears to be impaired because of drug or alcohol use and tries to drive. This allows them to arrest almost anyone without testing their blood or breath to ensure they are actually drunk or drugged.
There are also additional penalties one could face after a stop and arrest for suspicion of DWI. This most commonly includes open container violations.
Penalties for an Irving, TX DWI Can Be Serious
In general, the penalties you could face if convicted of a DWI or related drunk driving offense in Texas can affect almost every aspect of your life. The Texas Department of Transportation lists a possible sentence for a first-time offender as including:
- Up to $2,000 in fines
- Three days to 6 months in a county jail
- Driver’s license suspension
The potential penalties only increase from there for repeat offenders, including a month to a year in jail and a $4,000 fine for second DWI offenses. A third DWI is a felony charge. You could owe up to $10,000 in fines and spend two to ten years in state prison. Getting a DWI with a child in your car is also a felony offense.
You Will Face an Administrative License Revocation
Even if you do not get convicted or never face charges, an arrest based on suspicion of a DWI is enough to trigger an administrative license revocation (ALR). This type of revocation is not related to your criminal case but occurs automatically after an arrest. The arresting officer will take your license and give you a temporary permit to drive for the next 40 days.
We have 15 days to request a hearing to fight the ALR. If we do not take this action, or if we lose this appeal, you will lose your driving privileges on the 40th day following your arrest. This revocation could last from a few months to several years depending on the circumstances of your arrest.
Let Our Irving, Texas DWI Lawyer Fight the Allegations Against You
Texas DWI defense attorney Randy Isenberg has more than 30 years of experience building strong cases to help uncover the truth and fight for the rights of his clients. Along with his team from the Law Offices of Randall B. Isenberg, he can review your case and help you understand your options to fight the charges against you. Call today at 214-696-9253 to learn more.
A DWI lawyer in Irving, TX can formulate a strong defense strategy in your case based on the circumstances of what happened. Some common defenses include:
Questions About Probable Cause
We may be able to show that the arresting officers did not have probable cause to conduct a traffic stop. Unless you break the law, the police cannot pull you over. We will need to identify the reason for your stop and ensure the police had probable cause. DWI checkpoints are illegal in Texas.
Inadmissible Field Sobriety Tests
Field sobriety tests have to follow strict protocols to count as admissible evidence in a Texas DWI case. We may be able to get the video and testimony about these tests barred from the courtroom if we can show the officers did not follow protocols, or there is another reason — often rain, slick pavement, or uneven pavement — that the field sobriety test results are not reliable.
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BAC Testing Inaccuracies
The State of Texas and the National Highway Traffic Safety Administration set strict standards of testing blood and breath following a DWI stop or accident. There are special protocols you must follow, and failure to do so could skew test results.
In addition, blood samples must be taken and handled properly, and breath testing machines require proper calibration. If they failed to do any of these things, we may be able to get the test results thrown out.
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Differences Between Dash Camera Video and Police Reports
We can raise questions about your guilt if there are significant differences between what officers reported in the police report and what we see on the patrol car dash camera or the officer’s body camera. The video and sound from these recordings can be vital in proving our case.
Talk to a DWI Lawyer in Irving, TX About Your Case Today
At the Law Offices of Randall B. Isenberg, our team wants to help you get a more favorable outcome in your Irving, Texas, DWI case. We will look into your case and, based on the evidence we collect, identify all weaknesses in the case against you. By doing this, we can develop a plan of attack if we need to go to court.
However, a DWI lawyer in Irving, TX may be able to use what we discover to approach prosecutors and convince them to reduce the charges to a non-alcohol offense such as reckless driving instead of DWI.
Call 214-696-9253 today and let a member of our team take a look at your Irving, TX DWI case.
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