If you drove drunk and had an accident or wreck that involved injuries, you could find yourself facing jail or prison time, as well as a substantial fine. In McKinney, causing a DWI accident could lead to felony charges, and you can expect the prosecutor to show no mercy in your case. A DWI involving an accident, wreck, or injury lawyer in McKinney can help you better understand how this will affect your life and your future and explain your options.
At the Law Offices of Randall B. Isenberg, Attorney Randy Isenberg puts more than 30 years of experience in the Texas criminal justice system to work for you. With experience as a criminal defense lawyer, felony prosecutor, and state judge, he understands the charges you face and the possible outcomes in your case.
Do not try to face these serious charges on your own. Contact our office today at 214-696-9253 for a free legal consultation.
Will a DWI Accident Send Me to Jail?
The Texas Penal Code establishes a variety of serious penalties for drunk driving convictions, depending on your blood alcohol concentration (BAC), your prior criminal record, and the circumstances surrounding your arrest.
If you cause a DWI accident—especially if injuries result—you will face even more serious penalties. These include possible jail or prison time.
A BAC of 0.08 qualifies you for drunk driving charges. If your chemical testing results indicate a BAC of 0.15 or above, you will face more severe penalties. Likewise, you can expect the prosecutor to pursue harsher charges if you have any previous convictions for DWI, intoxication assault, or intoxication manslaughter.
For a first offense DWI with no accident, wreck, or injury, state law imposes a $2,000 fine and up to 180 days in jail. A second offense DWI doubles those penalties, with a $4,000 fine and up to one year in jail.
If your drunk driving incident involved an accident, the situation becomes significantly more dire.
If your accident caused property damage, you could face felony DWI charges. In addition to a drunk driving charge, the prosecutor can tack on additional charges, such as reckless damage or criminal mischief. The severity of these additional charges will depend on the dollar value and type of damages that resulted from the accident.
If you are convicted of a third-degree felony, you face a $10,000 fine and between two and 10 years in prison.
If your accident caused injuries, you will likely face a third-degree felony charge of intoxication assault. If you have a record, or if the prosecutor can identify any aggravating circumstances, you will face a second-degree felony charge. Conviction for a second-degree felony also carries a $10,000 fine, but the potential prison term increases to up to 20 years.
If you caused a drunk driving accident that led to someone’s death, you will likely face intoxication manslaughter charges and a minimum of second-degree felony charges.
In addition to the fines and jail or prison time, a conviction will likely to earn you supervised probation, as well as community service. The court can require you to install—at your own expense—an breath-activated ignition lock on your car. You will have to attend education courses and possibly seek counseling for alcohol abuse.
Finally, you can expect to lose your driver’s license for up to two years. To get your license back at the end of the suspension, you must pay a surcharge and an additional annual fee for several years.
How Can a Lawyer Help Me?
When you face charges as serious as these, you need a DWI lawyer in McKinney who can protect your legal rights and help you navigate the complex Texas criminal justice system.
Attorney Randy Isenberg provides aggressive legal representation for clients who face criminal drunk driving charges. Our legal team understands how frightening and confusing this experience can be, but we urge you to contact a lawyer before you make any decisions that could profoundly affect your future.
We can conduct an in-depth analysis of your case, in search of any potential violations of your legal rights or police errors committed during your arrest. We also scrutinize all the facts and evidence regarding your breathalyzer and blood testing. In many cases, the prosecutor must rely on BAC evidence to substantiate your guilt. However, if the blood or breathalyzer testing evidence in your case has flaws, you could find yourself wrongly convicted.
For example, the breathalyzer testing technician may have lacked the training or certification required. Or, the testing equipment used to substantiate your BAC may have been poorly maintained or calibrated incorrectly. In either case, these factors can affect your case and result in false positive results.
Other potential defense strategies our legal team can explore include challenging the prosecution’s assertion that you caused the accident, or that the accident led to injuries. Even if the prosecutor has sufficient evidence to demonstrate that you committed a DWI offense, that does not necessarily prove that your drunk driving led to a crash.
Any problems or errors in your case can provide our team with powerful negotiating tools and potentially help us get your charges reduced or even dismissed. If your case does proceed to trial, these factors can help us build the strongest possible case for your defense.
Consult With a McKinney DWI Accident Injury Lawyer at No Cost.
Take the time to talk with a criminal defense lawyer before you give any statements to the police or agree to enter a guilty plea. An attorney can help you understand your options. That way, you can make an informed choice about your future.
To help you understand your legal rights, the Law Offices of Randall B. Isenberg offers no-cost, no-obligation consultations and case reviews for clients facing drunk driving charges in McKinney. Contact us today at 214-696-9253 to schedule your appointment.