When you are arrested for DWI, it can be a trying time in your life. Most people who are in this situation do not know how to proceed, and they may be unsure of what to do when questioned by the police.
You might not think Texas DWI is that bad, but the charge carries stiff penalties. If you are arrested and charged with drunk driving, you face jail time, high fines, driver’s license suspension, or community service. A DWI can also alter other areas of your personal or professional life. Get legal consultation and representation from a Plano DWI lawyer if you want the best possible outcome from your case.
The Law Offices of Randall B. Isenberg offers comprehensive legal services for all types of personal and commercial DWI cases. We help clients navigate the legal system and prepare an adequate defense against the prosecution. Do not take on the courts alone or depend on a public defender.
Driving While Intoxicated: What It Means in Texas
If you have been drinking while operating a car, boat, aircraft, or a piece of machinery in Texas, you could be charged with driving while intoxicated (DWI). A DWI is a criminal offense that results in a misdemeanor or felony charge, depending on the circumstances of the violation.
According to Texas Penal Code 49.01, intoxicated means, “not having the normal use of mental or physical faculties by reason of the introduction of alcohol.” Furthermore, the penal code sets the legal blood alcohol concentration (BAC) limit at .08 percent. Therefore, you may be charged with a DWI if you are driving drunk or have a BAC of .08 percent or more.
Penalties for a DWI in Texas
The penalty for a DWI in Texas varies depending on the circumstances of your arrest, such as:
- The number of previous offenses
- Your blood alcohol concentration (BAC)
- Driving a personal or commercial vehicle
- An injury or fatality
- Driving with children in the car
- Driving with a suspended license
Special circumstances such as intoxication manslaughter, intoxication assault, driving a commercial vehicle, or having multiple offenses can increase the severity of your penalties. Some penalties include:
A Jail Sentence
A first-time DWI offense can range from three to 180 days. However, even with a first-time offense, a DWI that results in an injury or fatality can result in a prison sentence of up to 20 years.
Stiff Fines
Texas imposes high fines for DWI cases. A first-time offense may result in a fine of up to $3,000. A second offense may result in $4,500. In involving a BAC of .15 or higher, driving with minors, or intoxication manslaughter, you may pay a fine of up to $10,000.
Driver License Suspension
If you are charged with a DWI, you may lose your driver’s license for up to one year after a first offense. Multiple offenses of special circumstances may cause you to lose your license for up to ten years or life. In addition, you may have to pay $2,000 to $3,000 per year for three years to renew your license.
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Other Penalties
When you are charged for a DWI in Texas, you could face additional penalties such as:
- Mandatory alcohol addiction treatment/counseling
- Vehicle interlocking device
- Probation
- Community service
- Random alcohol tests
- Loss of a commercial driver’s license (CDL)
With penalties being so severe in Texas, it is beneficial to get legal representation from Plano lawyers who understand your DWI case and can defend you against the prosecution.
Defending Against a DWI Charge
One of the biggest mistakes you can make is assuming that your DWI case is hopeless. Even if you fail a BAC breathalyzer test, you might not be found guilty of the alleged crime. Our law firm helps clients like you, who can use an effective defense strategy to establish innocence or remove/reduce the DWI charges.
When we work on a DWI case, we review police procedure and ensure your arrest (and all the situations that led to it) were properly managed by the responding officer and anyone else who arrived on the scene.
We take a critical look at your case and assess all relevant factors such as:
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Probable Cause
The highway patrol officer must have a viable reason for pulling you over, arresting you, and charging you with a DWI. We may challenge the police officer’s assertions and demonstrate that there was no probable cause.
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BAC Breathalyzer Test Results
The breathalyzer test may have calibrated improperly or failed to work correctly. If you took a field test, then we could demonstrate that the field test did not work properly or that you were administered a test unfairly.
Miranda Rights
The police officers who arrested you might have violated your rights or failed to read you your rights upon your arrest. We analyze the way your case was handled from the moment you were pulled over until your court date.
Evidence Could Affirm Your Testimony
The authorities might not have all the facts, and our investigation might uncover hidden evidence. Common pieces of evidence we would look for include:
- Police reports
- Traffic camera footage
- Eyewitness testimony
- Witnesses from locations you visited that day
- Security camera footage
- Testimony from first responders
If you are privy to information our team has not uncovered, please reach out as soon as possible. You may not learn of this information or evidence until long after the incident, but we are interested in what you have found. If your criminal defense lawyer has all the facts, they can better represent you.
The Prosecution’s Argument
We also look closely at how the prosecution handled your case. They may have failed to produce solid evidence to convict you. The prosecuting attorney may have also violated your rights or pressured you into admitting guilt.
When you hire the Law Offices of Randall B. Isenberg, you can feel confident that our entire legal team will go to work on your behalf. We can review your arrest, obtain evidence of your innocence, provide fair legal representation on your behalf, and work to get you the best outcome for your case.
Do Not Settle for a Public Defender
When your future is on the line, you may want to choose a private DWI lawyer serving Plano, Texas, instead of settling for a public defender. While public defenders work hard to represent clients, they are often overloaded with too many cases. Consequently, your case might not get the focused attention it deserves.
Our law firm is committed to making sure you get a fair trial based on all the facts of the case. We take the time to work on your case and formulate a legal strategy. Instead of pleading guilty and being at the mercy of the court, we may find other options. These could include:
- Establishing your innocence
- Working out a plea bargain
- Attempting to have your case dismissed
Our DWI Lawyers Are Ready to Help You During This Stressful Time
When you work with our legal team, you get quite a bit of support from our lawyers. We will communicate with you at any time, accepting phone calls and emails. We will speak to anyone involved in the case, and our team is happy to answer your questions.
As the case progresses, we will ensure you understand your legal rights. We are happy to share our opinion of the case, but your lawyer will never tell you what to do. We merely want you to have all the information you need to make an informed decision.
Call Us Today for a Free Case Assessment
Do not take chances with your personal or professional future. Let the Law Offices of Randall B. Isenberg advocate for you to help you beat your DWI charge. Call (214) 253-8687 to get a free, no-obligation case assessment.
We also ask that you reach out to our legal team if a family member was arrested for DWI and does not know what to do. We will serve as a guide for all those involved.
Call or text (214) 696-9253 or complete a Free Case Evaluation form
