Second Offense DWI Lawyer in Denton
Upon conviction for a second offense DWI in Denton, you will spend time in jail and likely pay a fine.
Trying to fight Texas drunk driving charges alone is never a good idea. But, if you have a prior DWI conviction, protecting your legal rights becomes even more important.
The Law Offices of Randall B. Isenberg understands how a second DWI conviction can affect your future and your freedom, and we can help.
Call us today at 214-696-9253 for help.
How Serious Is a Second Offense DWI in Denton?
Sometimes prosecutors will negotiate a first offense DWI charge to minimize or eliminate jail time. For repeat offenders, however, they are not likely to afford you the same consideration.
In Denton, a second offense DWI carries mandatory jail time. You can expect to spend at least 30 days behind bars. Depending on the circumstances of your case, you may face a year or more in jail.
A straightforward second offense DWI typically qualifies for a class A misdemeanor charge. If your blood alcohol concentration (BAC) registered at least 0.08, but less than 0.15, you will face jail time of at least 30 days, up to 12 months. You will face a fine of $4,000 along with court costs and fees.
In addition to those penalties, you could lose your license for anywhere between six months and two years. The judge may order probation and community service and require you to install an ignition interlock device on your car. In addition to the required alcohol awareness course, you may have to attend counseling or even go to rehab, at your own expense.
How Can a Second Offense DWI Lawyer Help You?
When you call on attorney Randall Isenberg and the Law Offices of Randall B. Isenberg, you put our insider knowledge and three decades of experience to work for you.
Our overarching priorities are to protect your legal rights and to represent you through every aspect of your criminal case and the administrative license revocation (ALR) process. Our legal team will answer all your questions and ensure you have a full understanding of your options and how each one may affect your future.
Once we begin work on your case, we will analyze all the evidence including the police report and any chemical testing evidence available. We begin by identifying any violations of your legal rights and potential errors made by the police during the process of pulling you over or while testing for BAC, if applicable.
We can then use any potential problems or mistakes to negotiate for a charge reduction [in progress: https://rbisenberg.com/denton/dwi-reduction-lawyer/] or dismissal.
If the prosecutor will not reduce or drop the charges against you, our legal team will begin to build your case in anticipation of going to court. The prosecution must meet a high burden of proof to obtain a conviction. We will gather evidence that helps us potentially introduce reasonable doubt of your guilt.
Even if your chemical BAC test results seem incriminating, never assume that a guilty verdict is an inevitable outcome.
What Legal Strategies Will Your Second Offense DWI Lawyer Use?
The way our legal team builds your defense will depend on the facts and evidence of your arrest. However, as Randall worked as both a chief felony prosecutor and a Texas state district judge, we bring a unique insight to how the prosecution will build its case against you.
The statutory elements of a DWI require the prosecution to prove that you drove a motor vehicle in public while legally intoxicated. Even if your BAC testing indicated intoxication at the time of the test, we may argue that your BAC did not exceed the statutory limit at the time you drove.
If the police failed to establish reasonable suspicion that you committed a crime before making a traffic stop, this may provide another strong potential defense.
One common defense strategy we use for a second offense DWI offense in Denton involves arguing that law enforcement did not have probable cause to make an arrest or request chemical testing.
If the officer used field sobriety testing to establish probable cause, the testing must have complied with the published standards of the National Highway Traffic Safety Administration (NHTSA).
Any chemical testing used as evidence of your second offense DWI must comply with NHTSA’s testing standards as well as the BAC test requirements set forth by the Texas Department of Public Safety (TxDPS). For example, if you underwent breathalyzer testing, the testing technician and the equipment used must comply with strict certification and testing standards. If you had a blood test for BAC, the testing lab and evidence handling procedures must have complied with published standards.
Our legal team can use any deviation from the legal requirements for your traffic stop, arrest, or chemical testing as a potential defense strategy in your case.
What Happens to Your Driver’s License After a Second Offense DWI?
In addition to your criminal proceedings, our legal team will represent you at the Administrative License Revocation (ALR) hearing. This civil hearing, overseen by TxDPS and held before an administrative law judge, determines the disposition of your license.
At the time of your traffic stop, the police will seize your license and issue you a temporary permit to drive. You must make a formal request to schedule your ALR hearing within 15 days; otherwise, TxDPS will suspend your license after 40 days.
The length of your license suspension depends on your BAC testing and any aggravating circumstances involved with your case.
During the ALR hearing, the arresting officer will give testimony under oath about your arrest. You will also give sworn testimony, any of which the prosecutor can use against you in your criminal proceeding.
After listening to what the arresting officer has to say, your attorney will make a case for not suspending your license or for granting you an occupational license.
We will also use this hearing to learn more about the case the prosecution has against you.
Schedule a Free Consultation with a Second Offense DWI Lawyer in Denton
Before you make any decisions in your case, take advantage of our no-cost, no-obligation case review.
The Law Offices of Randall B. Isenberg offers a free consultation for second offense DWI clients in Denton. Call us at 214-696-9253 today to schedule your appointment.