If the police arrested you for DWI after an injury accident in Allen,TX you will face intoxication assault charges, a second-degree felony. If you are convicted, you will face the possibility of 20 years in prison and a $10,000 fine.
At the Law Offices of Randall B. Isenberg, criminal defense attorney Randy Isenberg has more than 35 years of experience, not only as a criminal defense attorney but also as a district court judge and felony prosecutor. Our legal team will protect your legal rights and fight for your future.
Call us now at 214-696-9253 for a free consultation.
Allen, TX Intoxication Assault Penalties
In Allen, TX, injury accidents that result from drunk driving carry intoxication assault charges, a third-degree felony. Upon conviction, you will face the following penalties:
- Two to 10 years in prison
- $10,000 fine
- Two-year suspension of your driver’s license
If any of the following factors apply to your case, you may face a second-degree felony charge.
- Prior DWI conviction(s)
- Minor passenger (age 14 or younger)
- Open container
- Blood alcohol concentration (BAC) of 0.15 or above
You will also face more serious charges if the victim was a first responder who was in the course of carrying out their job duties at the time of the accident.
Upon conviction for a second-degree felony, you face penalties that include:
- Two to 20 years in prison
- $10,000 fine
- Two-year suspension of your driver’s license
In addition, you face potentially hundreds of hours of community service, court-mandated substance abuse treatment, and supervised probation. This serious crime will also go on your permanent record, which is available to the public and not eligible to be expunged.
Why You Need an Intoxication Assault Lawyer to Protect You
When you trust an intoxication assault lawyer in Allen, TX from the Law Offices of Randall B. Isenberg to represent you, we will fight for your legal rights. We will build the strongest possible case in your defense and help you through this overwhelming experience.
Our commitment to you as our client includes the following services:
Investigating the Details of Your DWI Accident
We will conduct a thorough investigation of your drunk driving accident and obtain evidence to help us determine what really occurred. We analyze all available information to identify any problems with your arrest, violations of your legal rights, or other issues that could wrongly put you behind bars.
Developing Comprehensive Legal Strategies
Based on what we learn in the course of our investigation, we will craft the strongest possible defense. We document your case using evidence and information obtained in our investigation and, when necessary, call on medical professionals and other experts to support our case.
Representing You at the ALR Hearing
In addition to your criminal charges, you must attend a hearing if you wish to present a case against the suspension of your driver’s license. We handle all aspects of this process, including obtaining evidence and questioning witnesses. This allows us to review the evidence in your case and potentially help your criminal case as a result.
Negotiating a Resolution in Your Case
Our goal is to get your charges reduced or dismissed before a criminal trial. We will use any problems we identify with the prosecution’s case to negotiate a more favorable outcome on your behalf.
If necessary, we will prepare your defense and prepare you for trial. We understand this complex area of the law and, thanks to attorney Randall Isenberg’s experience as a felony prosecutor and judge, we understand the complexities of the Texas criminal justice system. We will use this insight to build the strongest possible case on your behalf.
Potential Legal Strategies for Fighting Intoxication Assault Charges
Your intoxication assault lawyer in Allen, TX will develop the strategies for your defense based on our investigation and the facts of your case. However, some of the most common strategies used to defend against DWI accident charges include the following:
Challenging Causation of the Accident or Injury
Driving drunk and being involved in an accident does not automatically qualify you for intoxication assault charges. To obtain a conviction for this offense, the prosecutor must prove that your level of intoxication was the direct cause of the accident and that the accident was the direct cause of the victim’s injuries. This provides our legal team with opportunities to challenge one or both factors.
Challenging the Extent of the Victim’s Injuries
To qualify for intoxication assault charges, the statutes state that the victim must suffer a permanent or potentially life-threatening injury. In many cases, the prosecutor will file intoxication assault charges for a DWI accident even if the victim’s injuries fail to meet the statutory requirement for severity. We may successfully challenge the nature or extent of the victim’s injuries to get your charges reduced to a misdemeanor.
Challenging the Procedures or Outcome of BAC Testing
Whether the police used blood or breath testing to determine your BAC, an intoxication assault lawyer in Allen, TX may have grounds to challenge the accuracy of the results. If the police or lab failed to follow any aspect of the established procedures and guidelines for chemical BAC testing, we can potentially challenge the validity of the test. If you take medications or use any products that may interfere with the outcome of BAC testing, we may also challenge the testing results.
Whatever legal defense strategies we use in your case, we will build the strongest case possible. We may use evidence or documentation such as:
- Photos or videos of the accident scene
- Witness testimony
- Accident reconstructions
- Medical records
- Subject matter expert testimony
By building a strong, well-supported defense, we have the best chance of introducing reasonable doubt and breaking down the prosecution’s case.
No-Cost Case Review for Your Allen, TX Intoxication Assault Case
When you face felony criminal charges of this magnitude, you should not approach the situation without a full understanding of what a conviction could mean for your life and your future.
The Law Offices of Randall B. Isenberg offers a free, no-obligation consultation and case review to help you determine the right course of action. Contact us now at 214-696-9253 for help.