If you have been charged with any DWI offense, you may be facing probation, jail time, fines, and license suspension. If your DWI resulted in an accident, wreck, or injury, those penalties are likely to be significantly more severe. In some cases, you could even spend life in prison.
If you are facing charges for any drunk driving-related offense, do not try to go it alone. There is help. Consult with an Arlington criminal defense lawyer to protect your rights and avoid unnecessary costs and penalties.
How an Arlington DWI Attorney Can Help with an Accident Involving A Wreck or Injury
In Texas, any crash involving alcohol or illegal substances that results in serious injury or death can land you behind bars for years, even decades. The charges are based largely on the particulars of your case – namely, your blood alcohol concentration (BAC), other extenuating circumstances, and whether you have a prior criminal record. But there is one near guarantee – if your DWI results in property damage or injury, you will spend time in jail, pay fines, and lose your license.
Consulting with a lawyer can have a major impact on the outcome of your DWI involving an accident or injury case. It is extremely important to understand the inner workings of this type of charge. For example, the prosecution will encourage you to accept a plea bargain, which will in turn minimize your time behind bars. That may sound like the perfect solution to your problems, but here is the kicker – you will still have a conviction on your criminal record. And a conviction of DWI involving an accident or injury will likely affect your ability to get housing, a job, child custody, or even car insurance for years, decades, even a lifetime.
Penalties for DWI With A Wreck or Injury
If you are convicted of this crime, you will almost certainly go to jail. You may even spend time in prison. If the accident resulted in serious injuries or death, the charges become even more severe.
As stated earlier, BAC, prior criminal history, and the particulars of your case will all factor into potential penalties. In Texas, if your BAC is 0.08 or higher, you are above the legal limit. If, however, your BAC is 0.15 or higher, the charges escalate.
Basic DWI Penalties
First Offense: up to 180 days in jail, up to $2,000 in fines, license suspension of up to one year.
Second Offense: up to one year in jail, up to $4,000 in fines, license suspension of up to two years.
Third Offense: felony charges, up to 10 years in prison, up to $10,000 in fines, license suspension of up to two years.
Arlington DWI Involving an Accident, Wreck or Injury Lawyer Near Me (214) 696-9253
Penalties for DWI Involving Property Damage, Injuries, or Fatalities
If your DWI involves a crash resulting in property damages or injury, you may face additional charges of criminal mischief, reckless damage, or destruction, all of which are felony charges. If you cause a fatality, you may be looking at a charge of intoxication manslaughter.
Intoxication manslaughter is a second-degree felony which carries up to 20 years in prison, up to $10,000 in fines, a two-year license suspension, the installation of an ignition interlock device (IID), up to 1,000 hours of community service, and supervised probation. Penalties may be even more severe if you have a criminal record, the victim was a first responder, a child was in the vehicle with you, or myriad other factors were present.
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Contesting Charges for DWI With Property Damage or Injury
With charges this serious, the prosecution’s burden of proof is quite high. Essentially, this means that a DWI involving an accident, wreck or injury lawyer in Arlington, TX will search for weaknesses in the prosecution’s case. If, for example, your constitutional rights were violated at any time during the arrest or investigation, your lawyer can move to dismiss any related evidence. In some cases, this is enough to get charges reduced or dropped altogether.
One of the most common defenses against any DWI charge is that your BAC results were inaccurate. Since your BAC must be at or above 0.08, an improperly-calibrated breath test machine, or an error in its administration, could mean the reading was inaccurate. Fortunately for you, the prosecution must prove beyond a reasonable doubt that you were above the legal limit when you caused the accident and that your accident caused the resulting damages or injuries.
If even the slightest mistake or error occurred – for example, the testing tech was not certified to administer the test, or the breath test device was not properly calibrated – the prosecution will have an uphill battle to prove that you are guilty of the charges against you.
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Contact A DWI Accident, Wreck or Injury Attorney in Arlington Today
If your DWI involved serious injuries or property damages, the right attorney can be the difference between freedom and years behind bars. This is not a scenario in which you want to go it alone.
At the Law Offices of Randall B. Isenberg, our DWI involving an accident, wreck or injury lawyers in Arlington, TX will ensure that you understand your rights and options, and we will be by your side from start to finish. We have over three decades of experience, and Attorney Randall B. Isenberg has also served as a chief felony prosecutor, which means he knows how they think. Contact us today for a free and confidential consultation about your case: 214-696-9253.