Many people make the mistake of thinking they can deal with a first-time DWI offense on their own. This is rarely a good idea, regardless of where you live. But in Texas, choosing to handle a DWI charge without legal representation could have particularly serious consequences.
Texas is tough on DWIs, and with good reason. More Texans admit to getting behind the wheel after a few too many drinks than the national average. As a result, even first-offense DWIs can be punished harshly. If you are convicted, you could face steep fines, jail time, and a lengthy driver’s license suspension.
But it does not have to be this way. A first offense DWI lawyer in Irving, TX may be able to help get those charges reduced, or even outright dismissed. At the Law Offices of Randall B. Isenberg, we will review the details of your arrest to determine if your constitutional rights were violated and if any errors were made during the arrest or subsequent investigation. Contact us today for a free consultation about your case at 214-696-9253.
Texas DWI Laws
According to Chapter 49 of the Texas Penal Code, a driver is considered legally intoxicated with a blood alcohol content (BAC) of 0.08 or higher. You can be deemed legally intoxicated at a lesser BAC if you exhibit signs of impairment, such as the inability to walk a straight line or slurred speech. In most cases, a first-offense DWI with a BAC of less than 0.15 will be charged as a Class B misdemeanor.
If, however, your BAC registered at 0.15 or more, you may be charged with a Class A misdemeanor, which comes with stiffer penalties. And if any aggravating circumstances were involved, such as having a child in the vehicle or causing an injury, you may be facing felony charges.
Texas also has a drunk driving zero-tolerance policy for drivers aged 17 to 21. For these individuals, no amount of alcohol in the system is considered below the legal limit. Essentially, this means that a 20-year old with even the slightest trace of alcohol in his/her system can be charged with a drunk driving offense. However, in most of these cases, the individual will receive the lesser charge of DUI, which is a Class C Misdemeanor.
Penalties for a First-Offense DWI in Irving, TX
Depending on the particulars of your case, a first-offense DWI conviction will likely result in some or all the following penalties:
- Fine of up to $2,000
- Up to 6 months of jail time
- Up to 1-year license suspension
- Installation of an ignition interlock device (IID)
- Attendance at a DWI school
If certain aggravating factors were present, your charges may be elevated. Common examples of factors that could raise you to a Class A misdemeanor or felony include:
- An open container
- A BAC higher than 0.08
- Having a child in the vehicle
- Having an accident that results in property damage or injury
First-Offense DWI in Irving, TX—Your Rights and Options
The best advice if you have been charged with any DWI offense is to seek immediate legal counsel with an attorney experienced in DWI law. In most cases, you will have the following options for dealing with your charges:
- Enter a guilty plea
- Request a plea bargain
- Plead not guilty
- Receive a dismissal of charges
The goal is to have your charges dismissed, but a dismissal rarely means the work is done. If you were arrested for driving with drugs or alcohol in your blood, your license will have been automatically confiscated upon your arrest. Even if you are not convicted of DWI, you will still have to get your license reinstated. And the window to do so is only 15 days. During that timeframe, you must request an Administrative License Revocation (ALR) hearing, or you risk a suspension of between 90 days and two years.
A first offense DWI lawyer in Irving, TX can help you understand your rights and options. Call us today at 214-696-9253.
Defenses Against First-Offense DWI in Texas
If you have been charged with a first-offense DWI, there are multiple lines of defense that a DWI defense lawyer can utilize to position you for a favorable outcome. These include:
- Challenging the results of your blood or breath test.
- Challenging the actual arrest—was there probable cause to pull you over in the first place?
- Determining whether your constitutional rights were violated at any point during the arrest, or if any errors were made throughout the process which could invalidate key evidence.
Attorney Randall B. Isenberg has more than 30 years’ experience defending clients against all types of DWI charges, from first-offense to felony. In addition, he looks at DWI cases from all angles, having served as a district judge, prosecutor, and a defense attorney. The legal team at the Law Offices of Randall B. Isenberg understands the complexities of DWI cases, and we have an impressive track record of getting clients’ charges reduced or dismissed entirely.
Contact an Irving, TX First-Offense DWI Lawyer Today
If you have been charged with DWI, the Law Offices of Randall B. Isenberg can help you defend your rights and get on with your life. A first offense DWI lawyer in Irving, TX will thoroughly analyze your case to determine the most appropriate legal strategy for moving forward and will remain by your side from start to finish. Call us at 214-696-9253 today for a free and confidential consultation.