Are you facing a felony DWI charge? Don’t navigate the legal complexities alone. Trust the experience of our seasoned Hurst felony DWI lawyer to protect your rights and fight for the best outcome. The Law Offices of Randall B. Isenberg provide confidential consultations for free. Your future deserves a strong defense and attentive, aggressive legal help.
Learn key elements to successfully handling a DWI case, such as which legal defenses may help the most, how to choose a reputable Hurst DWI attorney, and more.
Key Elements of a Felony DWI Case
The specific elements of a felony DWI case may vary depending on the jurisdiction, but here are some key elements commonly involved:
One crucial element that distinguishes a felony DWI from a misdemeanor is the presence of prior convictions. In many jurisdictions, multiple DWI convictions within a specified period can elevate the offense to a felony. The number of prior convictions required to classify a DWI as a felony varies by jurisdiction.
Blood Alcohol Concentration (BAC)
Another essential element is the defendant’s blood alcohol concentration level at the time of the arrest. Generally, a BAC exceeding the legal limit of 0.08% is a common threshold for a DWI charge. However, in felony DWI cases, the BAC might play a more significant role, and certain jurisdictions have lower BAC thresholds for felony charges.
Certain aggravating factors can elevate a DWI charge to a felony. These factors typically involve circumstances that increase the severity or endangerment of the offense. Examples can include driving with a suspended license, causing injury or death while intoxicated, having minors in the vehicle, or having prior felony DWI convictions.
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In some cases, significant property damage resulting from a DWI incident can be an element that elevates the offense to a felony. The extent of the damage and the value of the property involved can influence the charges.
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It’s important to note that certain jurisdictions in Texas may have additional elements specific to their laws and regulations. These can include factors such as prior felony convictions unrelated to DWI, refusal to submit to a breathalyzer or blood test, or driving with a revoked or restricted license.
Understanding the key elements of a felony DWI case is crucial in building a strong defense strategy. Each element must be carefully assessed, analyzed, and challenged by an experienced Hurst felony DWI attorney to protect your rights and seek the best possible outcome in the case.
Potential Legal Strategies Applicable to Your Case
When it comes to potential legal strategies applicable to a felony DWI case, several approaches can be employed by your felony DWI defense attorney. Legal strategies can vary depending on the specifics of your case and the jurisdiction, but the following common strategies have been the most successful:
- Challenging the traffic stop or arrest: If the initial traffic stop or arrest was conducted without probable cause or violated your constitutional rights, our legal firm may seek to challenge the legality of the stop or arrest. This can involve examining the officer’s actions and any evidence obtained as a result.
- Questioning field sobriety tests and chemical tests: We can scrutinize the administration and accuracy of field sobriety tests (FSTs) and chemical tests such as breathalyzers or blood tests. We may also challenge the reliability of these tests, faulty equipment, improper procedures, or inadequate training of the administering officers.
- Disputing BAC evidence: Contesting the accuracy and admissibility of blood alcohol concentration (BAC) evidence is a justifiable defense strategy. We can challenge the chain of custody, storage conditions, or handling of blood samples, as well as the qualifications and credibility of the testing laboratory personnel.
- Investigating breathalyzer calibration and maintenance: As your attorney, we may explore whether the breathalyzer device used was properly calibrated, maintained, and in compliance with relevant regulations. Any issues with the device’s accuracy or maintenance can be raised as potential challenges to the BAC evidence.
- Exploring alternative explanations: A skilled defense lawyer may present alternative explanations for the observed behavior or physical symptoms that were attributed to intoxication. This can involve medical conditions, fatigue, or other factors that may have influenced the defendant’s appearance or performance during the arrest.
It’s important to consult with a qualified defense attorney who can assess the specific details of your case and develop a tailored legal strategy. Our method is to draw from the knowledge of applicable laws and precedents to impact the outcome of your case positively.
Average Timeline for Resolving Your Felony DWI Case
The time it takes to resolve a felony DWI case in Texas can vary depending on several factors. These factors include the complexity of the case, the backlog of cases in the court system, the negotiation process, and the potential for trial. While it is challenging to provide an exact timeframe, the average case undergoes:
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Investigation and Arrest
This phase occurs immediately after the arrest and involves the collection of evidence, analysis of blood or breath samples, and preparation of the case by law enforcement authorities. This process can take a few weeks to several months.
During this phase, the defense and prosecution engage in negotiations on penalties, which may involve plea bargaining or discussions about the strength of the evidence. The timeframe for this phase can vary significantly, ranging from several weeks to several months or longer.
Preparing for Trial
If a plea agreement cannot be reached, the case may proceed to trial. The preparation for trial, including discovery, witness interviews, and evidence examination, can take several months.
The trial itself can range from a few days to several weeks, depending on the complexity of the case and the availability of the court’s schedule.
If the defendant is convicted or pleads guilty, a separate sentencing hearing may be scheduled. The timeframe for sentencing can vary, depending on court availability and the need for additional assessments or reports.
Considering these factors, the overall timeline for resolving a felony DWI case in Texas can span several months to over a year. Your experienced Hurst felony DWI lawyer can provide a more accurate estimate based on the specifics of your case and the local court procedures.
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Don’t take the risk of handling your felony DWI case without legal representation. Our experienced DWI lawyers are here to fight for your rights and navigate your case quickly and discretely. Contact us today to schedule a confidential consultation and take the first step toward a strong defense. Your future is too important to leave to chance.