Driving while intoxicated (DWI) is punished harshly in Irving and all of Texas, but even more so when the DWI involves an accident, wreck, or injury. These ‘aggravating circumstances’ can elevate even a first-offense DWI from a misdemeanor to a felony. If someone is killed, you may even be charged with intoxication manslaughter.
Fortunately, you do not have to go through this difficult process alone. A DWI involving an accident, wreck or injury lawyer in Irving, TX can help you protect your rights and ensure that you understand your legal options. Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 for a free and confidential consultation about your case.
Why You Need a Lawyer for Your DWI Involving Accident Case
All DWI charges carry penalties, but the potential penalties you face if your DWI resulted in an accident could haunt you for the rest of your life. An attorney who handles these charges can help to position you for the most favorable outcome possible. And with a lawyer, you will send a powerful message to the prosecution.
With more than 30 years as a prosecutor, trial judge, and criminal defense attorney, Randall B. Isenberg looks at DWI cases from all angles. He knows how the other side thinks. The entire legal team at the Law Offices of Randall B. Isenberg has extensive experience with DWI cases, including those involving accidents and injuries. We will perform a thorough investigation, determine if your rights were violated at any point during the arrest, and look for weaknesses in the prosecution’s case.
Our DWI involving an accident, wreck or injury lawyers in Irving, TX is to help you avoid, or at least minimize the penalties you are facing.
Penalties for Standard DWI
As with any criminal charge, the penalties you face if convicted of DWI are largely dependent on the particulars of your arrest, and whether you have previous DWIs or a criminal history.
In Texas, you will be charged with DWI if your blood alcohol concentration (BAC) is 0.08 percent or greater. If your BAC is higher than 0.14 percent, your charges will be elevated.
- First-offense DWI: Class B misdemeanor with up to 180 days in jail, fines of up to $2,000, and a driver’s license suspension of up to 1 year.
- Second-offense DWI: Class A misdemeanor with up to 1 year in jail, fines of up to $4,000, and a driver’s license suspension of up to 2 years.
- Third-offense DWI: Up to 10 years imprisonment, fines of up to $10,000, and driver’s license suspension of up to 2 years.
If aggravating factors were present, such as having a child in the vehicle or having an excessively-high BAC, your penalties will be elevated.
Penalties for DWI with Accident, Wreck, or Injury in Irving, TX
If you were driving while intoxicated and you caused an accident, you may be facing significantly stiffer penalties. And if someone is seriously injured or killed as a result of your DWI, you could face charges for intoxication assault or intoxication manslaughter. Potential penalties for intoxication assault include:
- Up to 20 years in prison
- Up to $10,000 in fines
- Driver’s license suspension of up to 2 years
- Probation
- Community service
- Courts costs and other fees
- Counseling for alcohol abuse
Potential penalties for intoxication manslaughter include:
- Up to 99 years in prison
- Up to $10,000 in fines
- Driver’s license suspension of up to 2 years
- Supervised probation
- Installation of ignition interlock device (IID)
- Counseling for alcohol abuse
- Court costs and other fees
Potential Defenses Against Charges for DWI Involving Accident or Injury
You do not want to fight a charge of this severity alone, nor with inexperienced legal counsel. It is essential for your attorney to build a watertight defense against your charges. If we are unable to get your charges dismissed, we may be able to negotiate for alternative sentencing.
The prosecution must meet a high burden of proof to show that your level of intoxication at the time of the accident was above the legal limit and that your intoxication actually caused the accident and any resulting injuries or fatalities. Depending on the circumstances of your case, we may be able to argue that:
- You were not intoxicated at the time of the accident.
- You were not responsible for the accident. For example, you were intoxicated; but the accident was caused by a third party’s negligence.
- The injury or death was not caused by the accident.
Our DWI involving an accident, wreck or injury lawyers in Irving, TX can also look at whether your constitutional rights were violated during the arrest, or if there was an error with your blood or breath test. For example, if the breath test was broken or improperly calibrated, your BAC test results may be deemed inadmissible.
Contact an Irving, TX DWI Defense Law Firm Today
If you have been charged with DWI involving accident or injury, the skilled legal team at the Law Offices of Randall B. Isenberg can help. We will fight tirelessly to protect your rights and get your charges reduced, or dismissed entirely. Do not make the mistake of trying to fight these serious charges on your own.
Our DWI involving an accident, wreck or injury lawyers in Irving, TX know how the prosecution thinks, and we will use this knowledge to position you for the best possible outcome. Having a DWI with accident or injury conviction on your criminal record may prevent you from getting a job or housing and could even impact your child custody rights.
We understand that people make mistakes, do not make another one by hiring the wrong attorney. Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 for a free and confidential consultation about your case.
