Facing felony DWI charges in any state is scary. Still, in Texas, it can be especially overwhelming due to legislation that seeks to punish those with this offense quickly and harshly. At the Law Offices of Randall B. Isenberg, you are a person with rights no matter the mistake made, and our Irving felony DWI lawyers will fight to safeguard your future from details of past behavior.
Seeking the legal guidance of our DWI lawyers in Irving, TX, is just the beginning. From the moment after your initial consult, we will evaluate if you are eligible for reduced or alternative sentencing or if your felony DWI case can be dismissed or expunged from your record.
Potential Defenses We Use to Beat Your Felony DWI Case
We want you to understand the potential defenses that can be used to fight your felony DWI case. While the specific defenses used may vary depending on the circumstances of each case, there are common strategies that experienced lawyers employ. Consulting with a qualified attorney who can assess the details of your case is the most effective defense strategy.
Challenging the Traffic Stop
One possible defense is to challenge the legality of the traffic stop. Law enforcement must have a valid reason, such as reasonable suspicion or probable cause, to pull you over. If the stop was conducted without proper justification, any evidence obtained afterward may be deemed inadmissible.
Questioning the Field Sobriety Tests
Field sobriety tests, such as walk-and-turn or one-leg stand, are commonly used by police officers to assess a driver’s sobriety. However, these tests can be subjective and influenced by various factors. A skilled attorney may challenge the accuracy and reliability of these tests, raising doubts about their validity in court.
Challenging the Breathalyzer or Blood Test Results
Breathalyzer and blood tests are often used to measure blood alcohol concentration (BAC). However, these tests can be prone to errors and inaccuracies. A defense lawyer may challenge the reliability of the testing equipment, the qualifications of the person administering the test, or the handling and storage of the samples.
Irving Felony DWI Lawyer Near Me (214) 696-9253
Questioning the Arresting Officer’s Conduct
Any misconduct or violation of your rights by the arresting officer can be used as a defense. For example, if the officer conducted an unlawful search, it could potentially result in the exclusion of evidence or dismissal of the case.
Click to contact our Felony DWI Lawyers today
Challenging the Chain of Custody
If the prosecution relies on physical evidence, such as blood or urine samples, it is essential to establish the proper chain of custody. Our skilled defense attorney may scrutinize the handling and storage procedures of the evidence to ensure that it was not tampered with or contaminated, potentially undermining its credibility.
Alternative Sentencing May Be Possible Following a DWI Charge
When facing a felony DWI, your attorney may explore alternative sentencing options to mitigate the potential consequences. Alternative sentencing aims to provide rehabilitative opportunities rather than solely focusing on punitive measures. Some alternative sentencing options your Irving felony DWI lawyer may fight for include:
Complete a Free Case Evaluation form now
Drug and Alcohol Treatment Programs
Your attorney may advocate for participation in drug and alcohol treatment programs as an alternative to incarceration. These programs can address the underlying issues related to substance abuse and help individuals develop healthier behaviors and coping mechanisms.
Instead of serving time in jail, your lawyer may seek probation for you. Probation typically involves specific conditions, such as regular check-ins with a probation officer, attending counseling or support groups, and abstaining from alcohol and drugs. Violating the terms of probation can result in more severe penalties, so compliance is crucial.
Ignition Interlock Devices (IIDs)
An IID is a breathalyzer-like device installed in a vehicle that measures the driver’s BAC before allowing the car to start. Your attorney may argue for the installation of an IID as an alternative to a lengthier license suspension or as a condition of probation.
Your lawyer may negotiate for community service as part of your sentence. Community service allows individuals to make amends to the community while avoiding incarceration. The court may specify the number of hours and the type of service required.
House Arrest or Electronic Monitoring
Instead of being confined to a jail cell, your attorney may advocate for house arrest or electronic monitoring. This alternative sentencing option allows you to serve your sentence in the comfort of your own home while being monitored through electronic devices.
The availability of alternative sentencing options may depend on various factors, such as your criminal history, the severity of the offense, and the discretion of the judge. Consulting with an experienced felony DWI lawyer in Irving, Texas, is crucial to understanding the specific alternative sentencing options that may be available in your case.
Traditional Penalties for a Felony DWI in Texas
A felony DWI conviction in Texas can result in severe penalties. The specific penalties depend on the circumstances of the offense, such as prior convictions, the level of intoxication, and whether there were any injuries or fatalities involved. Here are the traditional penalties associated with a felony DWI in Texas:
Felony DWI convictions can lead to substantial fines. The amount varies based on the offense level and can range from several thousand dollars up to tens of thousands of dollars.
Felony DWI convictions often involve a prison sentence. The length of imprisonment depends on the offense level, ranging from a few months to several years. For example, a third-degree felony DWI can result in a prison sentence of two to 10 years, while a first-degree felony DWI can lead to a prison term of five to 99 years or life.
A felony DWI conviction typically involves a lengthy license suspension. The suspension period can range from 180 days to several years, depending on the offense level and any prior convictions.
In some cases, the court may impose probation instead of or in addition to imprisonment. Probation typically involves specific conditions, such as regular check-ins with a probation officer, mandatory drug and alcohol testing, attending counseling or treatment programs, and refraining from alcohol consumption.
Mandatory Alcohol Education Programs
As part of the penalty, individuals convicted of felony DWI may be required to complete alcohol education or treatment programs. These programs aim to educate individuals about the risks and consequences of impaired driving and may be a condition of probation or license reinstatement.
These penalties are general guidelines, and the actual penalties can vary depending on the specific circumstances of the case and the discretion of the court. Consulting with a qualified Irving felony DWI attorney is crucial to understanding the potential penalties you may face and developing an effective defense strategy.
Challenges of Representing Yourself in a Felony DWI Case
Representing yourself in a felony DWI case can be challenging and may have significant consequences. While it is within your legal right to self-represent, it’s important to understand the complexities and potential pitfalls involved.
- Lack of legal knowledge: The legal system can be complex, and DWI cases involve intricate laws and procedures. Without a thorough understanding of the relevant statutes, case law, and legal procedures, you may struggle to navigate the legal process, potentially harming your defense effectively.
- Ineffective communication and presentation skills: Presenting your case effectively in court requires strong communication and presentation skills. Representing yourself may limit your ability to articulate your arguments clearly, cross-examine witnesses effectively, and present evidence in a compelling manner, potentially weakening your defense.
- Emotional involvement: Being personally involved in a felony DWI case can make it difficult to remain objective and make rational decisions. Emotional factors may cloud judgment and impede your ability to make strategic choices that are in your best interest.
- Lack of resources: Attorneys have access to resources that can significantly benefit your defense. They have networks of expert witnesses, investigators, and other professionals who can provide comprehensive support.
Get Immediate Legal Help With Your Felony DWI Charges Today
The choice to get the legal help you deserve is yours. While hiring a felony DWI lawyer in Irving may pose a huge financial obligation, the fees are dependent on the facts of your case, and adequate representation often outweighs the risk of the costs.
Contact us today to speak with an eager member of our law firm about potential defenses and the plan to have your penalties reduced.