In Garland, a DWI conviction may mean steep fines, jail time, suspension of your driver’s license, and a permanent criminal record.
To protect your future and your legal rights, contact a DWI lawyer in Garland to help. Randall Isenberg of Law Offices of Randall B. Isenberg has more than three decades of experience in the criminal justice system. He can help you explore your options and ensure the best possible outcome for your case.
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What Penalties Might I Face for a Garland DWI?
According to the Texas Penal Code, a blood alcohol concentration (BAC) of 0.08 or above qualifies as legal intoxication. However, because the statute covers drug impairment as well as alcohol, a police officer can declare legal intoxication if, in the officer’s judgment, you lack the physical and mental capacity to drive safely.
If the state convicts you of DWI, you face the following:
First Offense
- Potential jail time of 3 days to 6 months
- Up to $2,000 in fines
- Up to a 1-year driver’s license suspension
- Up to $2,000 per year license reinstatement fee (for up to 3 years)
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Second Offense
- 30 days to one year in jail (minimum 72-hour stay)
- Up to $4,000 in fines
- Up to a 2-year driver’s license suspension
- Up to $2,000 per year license reinstatement fee (for up to 3 years)
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Third Offense
- 2 to 10 years in prison
- Up to $10,000 in fines
- Up to a 2-year license suspension
- Up to $2,000 per year license reinstatement fee (for up to 3 years)
The judge may also require:
- Attendance at an alcohol education class
- Community service
- Community supervision (probation)
- An ignition interlock device
The prosecution can increase the severity of your charges — and thus the penalties for conviction — if your arrest included any aggravating circumstances.
For example, DWI with a minor (under age 15) passenger may carry child endangerment charges in addition to the DWI charges. A child endangerment conviction carries up to 2 years in jail and fines of up to $10,000.
Having an open container of alcohol in your vehicle will increase your mandatory jail time.
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Collateral Consequences of a Garland DWI Conviction
If you are found guilty of a DWI in Garland, the criminal penalties of your conviction are not the only ways your life will be affected. In fact, many individuals who have been convicted of DWIs report that the collateral consequences of their conviction are far more devastating than any criminal penalties.
With that in mind, some of the more common ways you could expect your life to be affected by a Garland DWI conviction include:
- Suspension or revocation of your driver’s license
- Suspension or revocation of any professional licenses
- The requirement that you install an ignition interlock device in your vehicle
- The requirement that you complete drug or alcohol treatment
- Court-mandated mental health counseling
- Community service hours
- Temporary loss of voting rights
- Issues with citizenship or immigration status
- Trouble with child custody or support
- Difficulty finding or maintaining a good job
- Trouble being approved for housing
- Being disqualified from federal student aid eligibility
These are just a few of the ways your life could be impacted if you are found guilty of a DWI in Garland. For this reason, make sure you take steps to protect your future by contacting a Garland DWI attorney to explore your defense options.
When Should I Call a DWI Lawyer in Garland?
The sooner you can contact a drunk driving attorney, the better.
Until you have a lawyer from Law Offices of Randall B. Isenberg present, your legal rights are at risk. Defendants often compromise their case by speaking to the police after a DWI arrest or by giving statements during questioning. Do not provide any statements to the police until we arrive.
We can also evaluate the evidence in your case and explain your potential options.
Having a DWI on your record means that every time you apply for a job, try to rent a home, or apply for professional licensure, they can deny you based on your drunk driving conviction. You will also pay thousands of dollars more for car insurance than you otherwise would, in addition to the approximately $2,000 per year it will cost for you to reactivate and keep your driver’s license after the ALR suspension ends.
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What Is the ALR Program?
A DWI charge in Garland activates two separate legal processes, one criminal and one civil (or administrative).
The court system handles the criminal DWI charges but, in addition to that proceeding, you also face Administrative License Revocation (ALR) proceedings. The ALR process is a civil matter that determines whether you get to keep your driver’s license.
This process occurs independently of the criminal process, regardless of whether the state convicts you for DWI or dismisses the charges.
When an officer pulls you over and arrests you for DWI, she will issue a temporary driving permit that expires 15 days from the date of your arrest. You or your attorney has 15 days to request a formal ALR hearing — a request that you must make in writing to the Texas Department of Public Safety (TxDPS).
If you fail to request a hearing, DPS will revoke your driver’s license on the 15th day. The suspension period typically ranges between 90 days and two years, depending on the nature of your charges.
How Can I Fight Garland Drunk Driving Charges?
In addition to having a strong knowledge of Texas law and the local court system, your DWI attorney can evaluate the facts of your case and identify potential weaknesses or errors.
Using this information, your attorney may successfully negotiate with the prosecutor for a dismissal of or reduction in charges. And, if you do go to trial, we can build a strong case to defend you.
Some potential questions your attorney will ask about your charges include the following:
- Did the officer have reasonable suspicion to make the traffic stop?
- Did the officer have probable cause for ordering chemical testing?
- Did the officer properly conduct field sobriety testing?
- Did the chemical testing technician and testing lab follow protocol?
If your DWI lawyer can challenge the legality of your traffic stop or the officer’s probable cause for requesting BAC testing, it may improve the outcome of your case. Likewise, if the officer failed to conduct field sobriety testing according to established standards, or if any part of the BAC chemical testing or analysis process failed to comply with standards, your lawyer may be able to get a judge to throw the resulting evidence out.
These are just a few more reasons why it is critical to find a Garland DWI attorney to represent you.
Garland DWI FAQ
Facing DWI charges can be intimidating. You may have many unanswered questions about what to expect from the charges against you. With this in mind, we have answered some of the most frequently asked questions below regarding Garland DWI charges. If you have additional questions that were not answered on this page, be sure to contact our office to discuss your concerns further.
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Can I Get a Hardship Lcense?
It is possible to secure a hardship license in specific circumstances. For example, if you need to attend religious services, doctors’ appointments, or work, you may be able to secure a hardship license despite being convicted of a DWI. However, the specific details of your case will determine your eligibility.
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Can DWIs Be Expunged?
Under Texas law, if you are found guilty of a DWI, you cannot get this conviction expunged from your record. DWI convictions are not eligible for sealing or expungement.
However, if you were charged with a DWI and completed a pretrial diversion program or were exonerated of the charges against you, you may be able to get the DWI removed from your criminal record. You can find out more about whether you are eligible for expungement when you contact a DWI lawyer in Garland for help.
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What Is Implied Consent?
All drivers in the state of Texas have given their implied consent to submit to chemical blood alcohol testing when they are suspected of driving under the influence of drugs or alcohol. Under the law, if you refuse to agree to chemical blood alcohol testing, you can face a minimum two-year license suspension.
Contact a DWI Lawyer in Garland for Help Today
Whether this is your first Texas DWI arrest or your fourth, it helps to have an attorney fight for your rights.
Randy Isenberg can put his three decades of experience to work for you today, building a case and making sure you receive every legal right afforded to you under the law. As a former felony prosecutor and trial judge, Randall has the insight needed to help fight this legal battle.
Law Offices of Randall B. Isenberg provides complimentary consultations and case reviews. Contact us today to speak with a team member and review our client testimonials to see what past clients have to say about our services.
Call or text (214) 696-9253 or complete a Free Case Evaluation form
