If the police arrested you on suspicion of a second offense DWI in Richardson, Texas, you should contact an attorney as soon as possible. The minimum penalties you face include a fine of up to $4,000 and as much as one year in jail. You could also lose your driver’s license for up to two years.
Before you make any decisions or provide a statement to the police or prosecutor, talk to a second offense DWI lawyer in Richardson. The legal team at the Law Offices of Randall B. Isenberg know how to protect your rights and obtain the best possible outcome in your case. Contact us today at 214-696-9253 to schedule a free case evaluation.
Harsh Penalties of a Second Offense DWI in Texas
The minimum charge you could face for a second offense DWI conviction in Richardson, Texas is a Class A misdemeanor.
If the judge grants community supervision (probation), you could spend at least three days in jail if your prior conviction was more than five years ago. If it was less than five years ago, you could expect to spend five days in jail – although the judge can require you to serve up to 30 days as a term of your probation.
After your arrest for a second DWI, the court could require you to install a deep lung ignition interlock on your vehicle at your own expense as a condition of releasing you on bond.
Upon Conviction of a Second DWI
After the conviction of a second DWI, you must pay court costs and fees and take an alcohol education class, also at your expense. To restore your driver’s license, you might pay a fee of $1,500 to $2,000. You must pay the same amount each year for three years to keep your license in good standing.
A conviction will leave you with another permanent mark on your criminal record, making it even more difficult to find car insurance, get a job, or rent an apartment.
Let a Second Offense DWI Lawyer Fight for Your Future
At the Law Offices of Randall B. Isenberg, a DWI lawyer in Richardson, Texas understands what you have at stake. We are prepared to fight for you. We can explore every factor of your case to determine whether the police violated your legal rights or whether the police conducted chemical testing for BAC legally and correctly. Some of the potential strategies we can use in your defense include the following:
Lack of Reasonable Suspicion
If the police lacked reasonable suspicion for pulling your car over, the arrest might have violated your legal rights. If so, we can request that the judge declare all subsequent evidence inadmissible.
Lack of Probable Cause
If the police did not establish probable cause, typically done via field sobriety testing or portable roadside breathalyzer, for your arrest, we can request dismissal of your case or ask the court to rule your BAC test evidence as inadmissible.
Invalid BAC Test
If the police or chemical testing technician failed to administer breath or blood testing per governing laws and requirements, we could attempt to have the court invalidate the tests.
Throughout your case, our legal team will protect your legal rights as they pertain to Texas Penal Code. We will answer your questions and thoroughly explore your options. Our primary goal is to convince the prosecutor to reduce or dismiss your second offense DWI charges. However, if we cannot succeed in that objective, we will prepare the most persuasive possible case to defend you in court.
Second Offense DWI Driver’s License Suspension
In addition to facing criminal charges for a second offense DWI, you will also partake in an administrative (civil) proceeding that determines the duration of your driver’s license suspension.
This proceeding, the Administrative License Revocation or ALR hearing, takes place under the direction of the Texas Department of Public Safety (DPS). An administrative law judge conducts the proceeding and accepts sworn testimony from the arresting officer and others who may have evidence to present.
Our legal team in Richardson, Texas can also represent you for the ALR process, handling critical aspects of the proceedings that include:
Scheduling Your Hearing
From the date of your arrest, you have 15 days to request a hearing formally. If you fail to schedule the hearing, you relinquish your right to challenge the suspension.
The prosecutor can use any sworn testimony you present at the ALR hearing against you in your criminal case. We will prepare you for the hearing to ensure you do not self-incriminate.
Question the Arresting Officer
The ALR hearing offers us our first glimpse at the prosecution’s evidence. Your lawyer can question the officer to determine the strength of the prosecution’s case. Information gleaned from the ALR hearing can help us identify additional weaknesses in the case and guide our defense strategies.
Protect Your Right to Drive
We can present your case to the ALR judge and argue for your right to keep your license. If the judge rules to suspend your license, we can appeal or petition the court for an occupational license, which will allow you to drive to work, school, and critical personal business.
Review Your Case for Free With a Second Offense DWI Lawyer
The Law Offices of Randall B. Isenberg provides aggressive representation for second offense DWI clients in Richardson. We understand how profoundly another drunk driving conviction will affect your life and we will fight vigorously to achieve a positive outcome in your case.
To help you choose the best options for you, we offer a complimentary consultation and case evaluation. To schedule an appointment, contact us today at 214-696-9253.