Are you facing charges of DWI for the second time? If so, you need to know the right steps to take to limit the damage DWI charges might cause. An Irving second offense DWI lawyer can be an advocate and asset when you are facing criminal charges.
DWI (driving while intoxicated) charges can cause you to lose your driving privileges, which can make transporting yourself and your family to and from school, work, and errands difficult, impossible, and costly. It can also impact your ability to work, particularly if your work relies on having and maintaining a good driving record. A second DWI could lead to jail time that can cost you a job or career. It can also be embarrassing if a second DWI changes your standing in your community.
You do not have to fight these charges on your own. Call the Law Offices of Randall B. Isenberg at (214) 696-9253 to review your current situation with a client services team member as soon after your DWI arrest as possible.
Second DWI Offenses Come with Serious Penalties
If you are facing DWI charges in Irving, you could also be facing serious penalties if you are convicted. In Irving, according to the Texas Department of Transportation (DOT), a first-offense charge of DWI leads to a conviction and to criminal penalties that can include between 72 hours and 6 months in jail. Although there is no mandatory minimum jail time, the possibility of any jail time is stressful, and the reality of jail time can impact your family and career.
The penalties for conviction after a second DWI are even heavier. A second offense DWI carries penalties that can include between 30 days to one full year of jail time with a mandatory minimum of 72 hours of jail time upon conviction. The consequences of a DWI increase in the following ways if you are also involved in a car accident:
- The charges against you escalate from a misdemeanor to a felony
- If you have an open container of liquor in your car, or your blood alcohol concentration is 0.15 or higher, the charges against you are increased from a Class B to a Class A misdemeanor, which can include jail time
- If convicted, you will never be able to clear these charges from your record
The possibility of permanently impacting your criminal record is only one of many reasons you should consider hiring a lawyer in Irving to help preserve your criminal record. Contact the Law Offices of Randall B. Isenberg at (214) 696-9253 to speak to an Irving second offense DWI lawyer about your pending case today.
Your Rights Must Be Preserved in a DWI Arrest
The Texas Code of Criminal Procedure Title 1, Chapter 38 gives anyone who is arrested certain rights that cannot be violated. When you are arrested for a first or second DWI offense, or for any other reason, you must be verbally informed that you have the following inviolable rights, also known as your Miranda Rights:
- The right to remain silent and not make any statements to police
- The right to know that any statement you do make could be used against you
- The right to a lawyer even if you cannot afford one
If any of your rights were violated or if you were not fully and completely informed of your rights at the time of your arrest, be sure to share this information with the Irving second offense DWI lawyer who will represent you. A violation of your rights could result in the dismissal of any pending charges against you.
How an Irving Second Offense DWI Lawyer Can Help Your Case
When you are facing potential criminal charges with serious consequences, a lawyer in Irving can help you fight the charges against you and preserve your reputation and career. Some beneficial steps your lawyer might take include:
- Challenging the accuracy of machines that measure blood alcohol concentration
- Ensuring you were read your Miranda rights in full and in the appropriate language
- Interviewing passengers in your car and other witnesses to your arrest
- Negotiating plea deals that potentially lower the charges against you and their related penalties
- Ensure charges against you are filed on time or dropped altogether
Randall Isenberg has more than 30 years of experience in his career as both a former prosecutor and state district judge, which can work to your advantage when you are facing a second charge of DWI.
How Your Blood Alcohol Concentration Is Measured in Irving
The Texas Penal Code Title 10, Chapter 49 clearly defines how your blood alcohol is measured by law enforcement officers or health care professionals. Your BAC (blood alcohol concentration) might be measured in one of three ways:
- Blood: Alcohol concentration is measured per 100 milliliters of blood
- Breath: Alcohol concentration is measured per 210 liters of breath
- Urine: Alcohol concentration is measured per 67 milliliters of urine
You are considered legally intoxicated when your BAC is 0.08 or higher. Your lawyer can help ensure your test results are accurate when they are being used to convict you of a DWI. Your lawyer can also leverage inaccurate results due to human error or flawed machinery in your favor.
You Can Fight a Second DWI Offense with Help from a Criminal Defense Lawyer
A second DWI offense can cost you more than money. It can lead to incarceration and a criminal record that damages your reputation, family, community standing, and career. An Irving second offense DWI lawyer can identify ways to minimize this damage and preserve your personal and professional reputations.
When you are ready to fight the DWI charges against you, contact the Law Offices of Randall B. Isenberg at (214) 696-9253. A member of our client intake team will help you schedule a consultation to discuss your upcoming case and your possible legal remedies.