For your first Texas DWI conviction, you had to pay a hefty fine and potentially spent time in jail or on probation. You probably also lost your driver’s license for several months.
Upon a second offense DWI conviction in Rockwall, you can expect the penalties to be even worse. The stringent Texas laws look very unfavorably on repeat offenders. A second offense DWI lawyer in Rockwall understands very well how devastating a subsequent conviction can be and knows how to help.
Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 to discuss your case today.
Can a Second Offense DWI Lawyer Really Make a Difference for Me?
Your first offense DWI likely carried a Class B misdemeanor charge, the least severe among the statutory Texas DWI penalties. A second offense, with no exaggerating circumstances, starts as a Class A misdemeanor.
Upon conviction, you will spend between 30 days and 1 year in jail and owe fines of as much as $4,000 plus fees and court costs. You will lose your license for 6 months to 2 years.
While you have the option to apply for a provisional license, if the state previously convicted you of DWI, you will not qualify until 90 days after your second conviction. Once your license suspension ends, you must pay a surcharge of up to $2,000 each year to restore your license, for a period of three years.
The judge may order you to go to rehab or substance abuse treatment, require you install an ignition interlock on your all vehicles you own or drive, and sentence you to probation and community service of up to 200 hours.
How Will Your Attorney Fight Your Second Offense DWI Charges?
Even if you elected to plead guilty to your first drunk driving charge, you may not want to make the same choice when facing second offense DWI charges in Rockwall.
Having a criminal defense lawyer on your side will help to ensure the protection of your legal rights and ensure the best possible outcome for your case.
Although the legal strategies used will depend on the specific details of your case, your lawyer will start by attempting to negotiate with the prosecutor for the dismissal or reduction of your charges.
A second offense DWI lawyer at the Law Offices of Randall B. Isenberg may also petition the court for a dismissal of your case, especially if the police violated your rights during any part of the traffic stop, arrest, or chemical testing process.
If necessary, we may recommend going to court and making a case for your defense there. Because the prosecution must meet a high burden of proof to obtain a conviction, your best chance might be for us to establish reasonable doubt in the courtroom.
Your lawyer may argue that the police lacked a valid reason for stopping your car or that they did not establish reasonable suspicion of your intoxication before asking you to submit to chemical testing for BAC.
For example, if officers administer a field sobriety test, they must do so in accordance with the guidelines established by the National Highway Traffic Safety Administration (NHTSA). If the police violated these standards, the court can rule that the prosecution cannot use any evidence obtained subsequently against you.
Just because the prosecutor appears to have sufficient evidence to convict you does not mean your case is hopeless. A knowledgeable second offense DWI lawyer in Rockwall can give you an honest evaluation of your case to help you make the right choices.
Will a Second Offense DWI Cost You Your Driver’s License?
Just as you did for your first drunk driving case, you must attend a DMV hearing on the disposition of your driver’s license.
The Texas Department of Public Safety (TxDPS) oversees this proceeding, known as Administrative License Revocation, or ALR, which takes place separately from the criminal charges pending against you.
From the date of your arrest, you must request a DMV hearing within 15 days; otherwise, TxDPS will suspend your license.
At the ALR hearing, you must give testimony under oath about your arrest. Your lawyer will prepare you and help to ensure that you do not say anything that the prosecutor can use against you in your criminal trial. Your lawyer will also have the opportunity to question the arresting officer under oath. The officer’s testimony may provide critical insight for building your defense case.
Although you may lose your license at the ALR hearing, your attorney can petition on your behalf for an occupational license. An occupational license, sometimes called a provisional license, allows you to drive to and from work or school. It also allows you to legally drive for important personal appointments (e.g., doctor, lawyer, etc.) and to handle necessary errands such as grocery shopping.
Talk to a Second Offense DWI Lawyer in Rockwall Today
A second DWI conviction carries a host of detrimental consequences. Attempting to face this challenge on your own could leave you with a guilty verdict and the maximum possible penalties.
A second offense DWI lawyer understands how serious your situation is and will respond accordingly. Your lawyer will explore every possible option with you, making sure you understand what each option may mean for your freedom and your future.
Attorney Randall Isenberg understands exactly what you are facing. His more than 30 years’ experience as a criminal defense attorney, felony prosecutor, and district court judge brings an invaluable level of insight to your defense. He will work tirelessly to build the strongest possible case on your behalf.
You can contact the Law Offices of Randall B. Isenberg at 214-696-9253 to schedule a no-cost case review, to learn more about your options. This complimentary, no-obligation consultation can help you make the best decision for your future.
Call us today to talk to a second offense DWI lawyer in Rockwall.