In Texas, driving while intoxicated is punished harshly. And for good reason—the Centers for Disease Control and Prevention (CDC) reports that the national average for people who admit to driving after consuming too much alcohol is 1.9 percent, whereas it is 2.1 percent in Texas. Someone is injured or killed in an alcohol-related crash every 20 minutes in Texas.
Even first-time offenders who are just above the legal limit can find themselves in serious trouble—facing hefty fines, license suspension, and possible jail time. If, however, your DWI charges were elevated to a felony offense because of aggravating factors, there is even more at stake. If you are facing felony DWI charges, having an experienced felony DWI lawyer in Irving, TX at your side can make a world of difference.
At the Law Offices of Randall B. Isenberg, we represent clients in all major felony DWI cases, including those involving vehicular manslaughter and intoxication assault. Contact us today at 214-696-9253 for a free and confidential consultation about your case.
Felony DWI Explained
In Texas, a DWI can be charged as a Class B misdemeanor, Class A misdemeanor, or a felony. A first-time DWI offense will generally be charged as a misdemeanor unless additional factors deem it a felony offense. Potential penalties for a misdemeanor DWI include fines of up to $2,000, up to six months in jail, and license suspension of up to one year.
Penalties for a felony DWI conviction, on the other hand, can include:
- A fine of up to $10,000
- Up to 10 years in prison
- License suspension of up to 2 years
- 3-year annual fee requirement to retain license—up to $2,000 per year
- Installation of an ignition interlock device (IID) after 2 or more convictions of DWI
Reasons a DWI Might Be Charged as a Felony
Even before being elevated to a felony, a DWI can be charged as a class A misdemeanor if the driver’s blood alcohol concentration was 0.15 percent or higher. You may also face stiffer penalties if you refuse to submit to a breath or blood test. Doing so will place you in violation of Texas’s implied consent laws, resulting in an additional 180-day license suspension.
But getting charged with a felony comes with a whole slew of serious consequences. The most common reasons for a felony DWI charge include:
- Having 2 prior convictions for DWI or DUI (DUI charges are generally reserved for under-age drivers who have any level of alcohol in their system)
- Intoxication assault (DWI resulting in an accident that involves serious injury)
- Intoxication manslaughter
- Having a child in the vehicle at the time of your DWI arrest
- Having an excessively-high BAC
Attorney Randall B. Isenberg has extensive experience defending clients against felony DWI charges. For the past 30 years, he has served as a district judge, prosecutor, and a defense attorney, giving him a holistic perspective when handling DWI cases. He understands them from all angles, not just as a defender. The legal team at the Law Offices of Randall B. Isenberg has an impressive track record of getting clients’ felony DWI charges reduced, and we will work tirelessly to protect your rights, reputation, and freedom.
How an Irving, TX Felony DWI Defense Attorney Can Help You
Do not make the mistake of trying to deal with a DWI charge on your own, especially if it is a felony DWI charge. Having a felony conviction on your record can haunt you for decades, even a lifetime. You may face extreme difficulty in getting housing, employment, and car insurance for years. A felony DWI defense lawyer in Irving, TX can utilize any of the following strategies to challenge the charges against you:
- Were your constitutional rights violated during the initial stop, or at any point during the investigation? For example, if the arresting officer did not have probable cause to stop you, or he/she performed an illegal search of your vehicle, your arrest may have been unlawful.
- Was the breath test administered correctly? If the machine was not calibrated properly or the tech who read it was not adequately trained, key evidence used against you may be invalidated.
At the Law Offices of Randall B. Isenberg, we will focus on the aspects of your case that the prosecution must prove for the DWI to be elevated to a felony. Wherever they must prove guilt beyond a reasonable doubt, we will look for weaknesses in their case. It is quite common for errors made during the arrest or investigation to invalidate some of the evidence used against you. In such instances, it may be possible to get your charges reduced or even dismissed entirely. Contact a DWI defense lawyer in Irving, TX today at 214-696-9253.
Reducing Your Felony DWI Charges
If you were charged with felony DWI due to an extremely high BAC, a felony DWI lawyer in Irving, TX will look for weaknesses in the prosecution’s case, including potential errors or violations made during the arrest or investigation. If errors or violations are found, your charges could possibly be reduced to a misdemeanor offense for reckless driving, for example.
Contact an Irving, TX DWI Reduction Lawyer Today
Whether you have been charged with a misdemeanor or felony DWI, the Law Offices of Randall B. Isenberg can help. Our knowledgeable, compassionate legal team understands that people make mistakes. Arresting officers and prosecutors are no exception. We will scour your case for mistakes and position you for the most favorable outcome. Contact us at 214-696-9253 for a free and confidential consultation today.