In Garland, a DWI conviction may mean steep fines, jail time, suspension of your driver’s license, and a permanent criminal record. As a criminal offense, driving while intoxicated can impact all areas of your life without proper help from a Garland criminal defense lawyer.
To protect your future and legal rights, you have the right to connect with a Garland DWI lawyer at the Law Offices of Randall B. Isenberg. Our founder, Randall B. Isenberg, has more than three decades of experience in the criminal justice system. He can explore your options and fight for your future. Contact us today to get started.
When Should I Call a DWI Lawyer in Garland?
The sooner you contact a drunk driving attorney, the better. Until you have a lawyer from the Law Offices of Randall B. Isenberg present, your legal rights are at risk. Defendants often compromise their cases by speaking to the police or by giving statements during questioning.
Do not provide any statements to the police until we arrive. Our experienced team can also evaluate the evidence in your case and explain your potential options. Our team can also help with a number of other types of DWIs, and you can reach out to a:
- Garland felony DWI lawyer
- Garland underage DWI lawyer
- Garland under 21 DUI lawyer
- Garland DWI reduction lawyer
- Garland commercial DWI lawyer
Remember: 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, and that’s not something you want.
What Evidence Can Help Your Garland DWI Case?
When facing DWI charges in Garland, the evidence presented can play an important role in determining the outcome of your case. As experienced DWI lawyers in Garland, we understand the importance of collecting and analyzing evidence to build a strong defense strategy. Here are some types of evidence that can potentially help your Garland DWI case:
Witness Testimonies
Witness testimonies can be important in establishing the circumstances surrounding your DWI arrest. These witnesses may include passengers in your vehicle, bystanders, or individuals who were present at the scene. Their statements can help corroborate your version of events and provide additional perspectives that support your defense.
Officer Conduct and Documentation
Examining the conduct of the arresting officer and their adherence to proper procedures is essential. Any violations of your rights, failure to follow established protocols, or inconsistencies in the documentation can be leveraged in your defense. Thoroughly reviewing police reports, arrest records, and other related documents can uncover critical details that may aid in your case.
Expert Witnesses
In some instances, expert witnesses can provide professional opinions and analyses that support your defense. These experts may include toxicologists, accident reconstruction specialists, or forensic experts who can challenge the validity of the evidence presented by the prosecution.
It’s important to work with a skilled Garland DWI lawyer who can carefully examine the evidence in your case, identify potential weaknesses, and develop a strategic defense tailored to your specific circumstances. Our team is dedicated to pursuing the most favorable outcome for your DWI case by leveraging strong evidence and employing effective defense strategies. Contact us today to schedule a consultation.
Defenses Your Garland DWI Lawyer May Employ
Attorney Randall B. Isenberg approaches every case with a well-informed, comprehensive defense strategy. He reviews the facts of your case, your criminal record, and the details of your arrest when defending you.
At trial, your lawyer may assert that:
- The breathalyzer test malfunctioned: Breathalyzer tests are sophisticated pieces of technology that can go unmaintained for months. We may allege that the arresting officer didn’t use this device correctly, yielding inaccurate or unreliable results.
- The police didn’t have probable cause: The law requires the police to have a reason for pulling you over and prevents them from making random arrests.
- The prosecution doesn’t have supporting evidence: The prosecutor must prove their case beyond a reasonable doubt to secure a conviction. If they don’t have evidence or a sound argument, we can move to have your case dropped or dismissed.
You are innocent until proven guilty in the eyes of the law. Relying on our resources and decades of legal experience, we do everything in our power to fight for your rights.
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
If you are facing a first-offense DWI in Garland, it’s essential to understand the potential consequences that may arise from such charges. The penalties for a first offense can be significant and may include:
- Potential jail time of 3 days to 6 months
- Up to $2,000 in fines
- Up to a 1-year driver’s license suspension
Second Offense
A second offense DWI in Garland carries more severe penalties than a first offense. Understanding the potential consequences is paramount in ensuring a robust defense strategy. The penalties for a second offense DWI may include:
- 30 days to one year in jail
- Up to $4,000 in fines
- Up to a 2-year driver’s license suspension
Third Offense
A third offense, DWI, in Garland, is a serious matter and can have life-altering consequences. The penalties for a third offense DWI are significantly more severe compared to previous convictions. These penalties may include:
- From 2 to 10 years in prison
- Up to $10,000 in fines
- Up to a 2-year license suspension
A Judge May Impose Additional Penalties for Your DWI
Based on the details of the offense, whether it’s your first- or third-time DWI charge, the judge may also require additional steps. These may include:
- Attendance at an alcohol education class
- Community service
- Community supervision (probation)
- The installation of an ignition interlock device in your vehicle
If your arrest included any aggravating circumstances, the prosecution could increase the severity of your charges and, thus, the penalties for conviction. For example, a 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 two years in jail and fines of up to $10,000.
You don’t want to face criminal charges alone, whether you’re facing a single charge or multiple. With a criminal defense attorney from the Law Offices of Randall B. Isenberg, you can breathe easily knowing that we’re doing everything possible to protect your rights, future, and freedom.
We Protect You From the 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 DWI find that the collateral consequences of their conviction are far more devastating than any criminal penalties.
These consequences include:
- Suspension or revocation of your driver’s license
- Suspension or revocation of any professional licenses
- Being unable to drive to and from work
- Being required to complete drug or alcohol treatment programs
- Court-mandated mental health counseling
- Community service hours
- Temporary loss of voting rights
- Issues with citizenship or immigration status
- The 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, it’s in your best interest to consider representation from our experienced criminal defense attorneys.
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, they will issue a temporary driving permit that expires 15 days from the date of your arrest. You or your attorney have 15 days to request a formal ALR hearing, which you must make in writing to the Texas Department of Public Safety (TxDPS).
If you fail to request a hearing, the TxDPS will revoke your driver’s license on the 15th day. Depending on the nature of your charges, the suspension period typically ranges between 90 days and two years.
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 or reduction in charges. If you 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 could have this information disregarded.
Frequently Asked Questions About DWIs
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, we encourage you to contact our office and discuss your concerns further.
Can I Get a Hardship License?
It is possible to secure a hardship license in specific circumstances. For example, if you need to attend religious services, doctor’s appointments, or work, you could secure a hardship license despite being convicted of a DWI. However, the specific details of your case will determine your eligibility.
Can DWI 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.
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.
Under Texas law, the concept of implied consent is codified to ensure the enforcement of laws related to driving while intoxicated and to promote public safety. When a law enforcement officer has reasonable grounds to believe that a driver is operating a motor vehicle while impaired, they have the authority to request a chemical test to determine the driver’s blood alcohol concentration (BAC).
When Can I Secure Legal Help?
Even if you haven’t been officially charged with a crime, you could benefit from partnering with our criminal defense lawyers. Sometimes, with early intervention, we can prevent charges from being filed, saving you the ordeal of a criminal trial.
What Should I Do While Facing DWI Charges in Garland?
Take it from here: you don’t want to face criminal charges alone. There’s nothing more overwhelming than facing judges, jurors, and prosecutors alone. You have rights, and one of those rights involves arming yourself with a criminal defense attorney.
Securing legal representation is just one post-arrest consideration that could bolster your chances of a positive outcome. Other considerations include:
- Adhering to the terms of your license suspension: Even if you’re positive that you’ll be acquitted if you’re found driving on a suspended license, this could compound the charges you face. It can also result in additional fines and the prolonging of your driving suspension period.
- Enrolling in a substance abuse program: You want to show the judge and jury that you’re an upstanding citizen who takes the law seriously. We could paint your charge in a good light by showing you’re taking steps to better yourself. It also shows that you’re not a threat to society while behind the wheel.
- Refraining from posting about your arrest on social media: Anything you share on social media could hurt your case. The prosecutor could access your posts and use them to secure a conviction. During your case’s progression, refrain from posting photos, statuses, or anything that could come back to bite you later.
- Avoid talking to the police without a lawyer: The police may seem like they’re on your side during this matter. Yet, they have an ulterior motive: to gather evidence that helps the prosecution secure a conviction. Don’t agree to any line of questioning without your lawyer present. Anything you share can be used against you.
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. Randall B. Isenberg can use his thirty years of experience to help you today, building a case and ensuring 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.
The Law Offices of Randall B. Isenberg provide complimentary consultations and case reviews. Contact us today by filling out our contact form to speak with a team member and review our client testimonials to see what past clients have to say about our services.
