In McKinney, the legal system takes all drunk driving crimes seriously, even a first offense DWI. If you are convicted of your first DWI, you will have to pay a substantial fine and potentially spend time in jail. You will also lose your driver’s license for up to one year.
If your offense involved any aggravating factors, you may not be able to avoid going to jail once you plead guilty or the prosecutor gets a conviction in court. A first offense DWI lawyer in McKinney can help you protect your future if you are facing charges.
At the Law Offices of Randall B. Isenberg, Attorney Randy Isenberg puts more than 30 years of experience in the Texas criminal justice system to work for clients facing their first criminal charge for DWI.
You do not have to face this experience alone. Contact us today at 214-696-9253 for help.
What Penalties Will You Face for a First Offense DWI Charge?
The Texas statutes set the charges for a first offense DWI as a Class B misdemeanor, if your blood alcohol concentration (BAC) was between 0.08 and 0.149.
Under state law, a conviction for a Class B misdemeanor carries up to six months in jail. You will also face a fine of up to $2,000, and you could lose your driver’s license for up to one year.
However, if your BAC tested at 0.15 or higher, you will face Class A misdemeanor charges. This increases the potential jail time to as much as one year with a fine as high as $4,000.
The judge can also impose community service and supervised probation. You will have to attend an alcohol safety class, and you may need to go to rehab or undergo substance abuse counseling—all at your own expense. You may also have to install a breathalyzer-type ignition locking device on your car.
If you had an open container of alcohol, you were driving with a minor age 14 or younger in your car, or if you caused a DWI accident resulting in damages, injuries, or a fatality, you could face even harsher penalties.
A conviction stays on your record permanently. This means your car insurance costs will soar. It may also disqualify you from getting some jobs or holding a professional license.
How Can a Lawyer Help?
Before you decide to answer questions from the police or enter a guilty plea on drunk driving charges, set up a free consultation with a member of the criminal defense team at the Law Offices of Randall B. Isenberg.
We understand how a DWI conviction can affect your life. We want to make sure you know all your options before making a decision that could profoundly disrupt your future.
With experience as a state district court judge, chief felony prosecutor, and criminal defense lawyer, Randy Isenberg understands how the Texas criminal justice system works. His unique insight into how prosecutors build a case allows him to identify potential errors and violations of your legal rights. Using this information, we may be able to negotiate with the prosecutor to get your charges dismissed or reduced.
What Strategies Will Your Lawyer Use to Fight DWI Charges?
We will begin by analyzing the evidence in your case, including the police report and breathalyzer and blood test results for BAC. If, for example, the police did not establish reasonable suspicion before pulling you over, we may succeed in having the traffic stop declared illegal.
Once the police pull you over, they must establish probable cause of your intoxication before making an arrest and asking you to submit to breathalyzer or blood testing. In most cases, officers use a field sobriety test to establish probable cause. However, if the arresting officer failed to follow federal standards for this type of testing, we can argue that the police had no probable cause to arrest you.
If you submitted to breathalyzer testing after your arrest, those tests must have met state and federal standards, as well. Any deviation from these standards can cause a false positive BAC test result.
Never assume that a breath or blood test result alone can guarantee a conviction. In many cases, our legal team can negotiate a more favorable outcome in your case. If we go to court, we always have the opportunity to present evidence that can potentially disprove the prosecution’s evidence.
What Will Become of Your Driver’s License After Your First DWI Arrest?
A separate proceeding, known as the Administrative License Revocation (ALR) hearing, will determine whether you lose your driver’s license and for how long. Your ALR suspended license hearing takes place independently from your criminal case.
When you are arrested for DWI, the police seize your driver’s license and issue a temporary permit. You have 15 days from the date of your arrest to request a formal ALR hearing. If you fail to request a hearing, your license will be suspended 40 days after your arrest.
On the day of your hearing, an administrative law judge will hear sworn testimony from the arresting officer in your case. The court will also place you under oath and take your testimony. Based on this testimony, the judge will decide the fate of your license.
Our legal team will represent you at the ALR hearing, to ensure you do not provide any testimony that the prosecutor could use to incriminate you in the criminal portion of your case. We will also use this opportunity to question the arresting officer under oath, to determine the strength of the prosecution’s case. If the judge does elect to suspend your license, we can appeal the decision or petition the court to grant you an occupational license, which will allow you to drive to work or school, and tend to any necessary personal business.
Schedule a Free Case Review With a First Offense DWI Lawyer in McKinney.
To help you make informed decisions about your case, the Law Offices of Randall B. Isenberg would like to offer you a complimentary case review. We will answer your questions and ensure you understand your options.
You do not have to face these serious charges on your own. Contact us today at 214-696-9253 to schedule your appointment.