A conviction for drinking and driving results in a severe fine and a suspension of your driver’s license for up to two years. You also likely face jail time along with a variety of other potential penalties. Worse, you will be left with a permanent criminal record, potentially interfering with your career path as well as your ability to rent a house or even get a student loan.
Before you plead guilty, talk to a DWI lawyer in Allen, TX to learn more about your options. The Law Offices of Randall B. Isenberg provides a no-cost consultation and case evaluation to answer your questions and help you make the most informed choice for your future.
Call us at 214-696-9253 today.
Penalties for a DWI Conviction in Allen
If police catch you driving drunk, they will charge you based on these factors:
- Your blood alcohol concentration (BAC)
- Whether you have a record of driving while intoxicated
- Any aggravating factors present at the time of arrest
In the Texas Penal Code (TPC), DWI crimes require three factors to meet the statutory definition of this offense:
- You operated a motor vehicle
- You drove the vehicle in public
- You did not have normal use of physical or mental faculties
The TPC provides the police with a guideline for measuring the third factor, which is a BAC reading of 0.08 or above as measured by a blood or breathalyzer test. Absent any other confounding factors, you face Class B misdemeanor charges for a first offense DWI, punishable as follows:
- Up to 6 months in jail
- Up to $2,000 in fines
- Up to a 1-year license suspension
However, if your BAC reading was 0.15 or above, you face a Class A misdemeanor charge, punishable as follows:
- Up to 1 year in jail
- Up to $4,000 in fines
- Up to a 2-year license suspension
For a second DWI offense, you also face Class A misdemeanor charges. For a third or subsequent offense, you face felony DWI charges carrying a $10,000 fine and between 2 and 10 years in prison.
The court may also impose probation, community service, and substance abuse treatment, and require you to install an ignition interlocking device on your cars, which you must also pay for.
To reinstate your license and keep it in good standing, you must pay an annual surcharge of up to $2,000 for a total of 3 years.
Last, but not least, you will have a permanent criminal record. This will cause your car insurance rates to skyrocket and potentially impede your ability to get a job, rent an apartment, or get into a good school. You also become disqualified from having many types of professional licenses.
As you can see, despite what the police and prosecutor might want you to believe, a DWI conviction is a very big deal.
How an Allen DWI Lawyer Can Help You
No matter how hopeless your situation may seem, never assume you are automatically destined for a DWI conviction — even if the evidence seems overwhelming.
When you trust attorney Randall Isenberg with your DWI case, rest assured he and his team are there for you throughout the process, protecting your legal rights and fighting for your future.
With more than 30 years in the Texas criminal justice system, including time as both a judge and felony prosecutor, Mr. Isenberg understands how the system works from all sides. This unique insight means we know how to get the job done for you.
- Protect your rights under the law
- Represent you in all matters related to your criminal trial
- Represent you at your license suspension hearing
- Answer your questions and explain your options
We also scrutinize the facts of your case for any potential weaknesses, such as a violation of your legal rights or procedural error committed by the police. We can use this information to engage the prosecutor in negotiations, potentially reducing or dismissing your charges.
We identify the best legal strategies for your defense and, if necessary, proceed to trial to defend you on DWI charges and fight tirelessly on your behalf. The prosecution has a high burden of proof to meet and we will present the strongest possible case to introduce reasonable doubt.
The Important Role of Your Driver’s License Suspension Hearing
When you are arrested for DWI in Allen, it triggers the Administrative License Revocation (ALR) process. This is the process the Texas Department of Public Safety (TxDPS) uses to suspend your driver’s license for drunk driving. The ALR process, an administrative (civil) proceeding, takes place separate from — but simultaneous to — the criminal process.
If you wish to protest the suspension of your license, you must request and appear at the ALR hearing. If you fail to do so, TxDPS will automatically suspend your license.
Our services related to the ALR process include the following:
- Scheduling your ALR license suspension hearing
- Obtaining all evidence related to your case
- Preparing you to give testimony at the hearing
- Making the strongest case for keeping your license
We also compel the arresting officer to appear at the hearing to give testimony under oath. This gives us the opportunity to question the officer and determine the strength of the prosecution’s case in your criminal proceeding. We use this information to inform our legal strategies.
If the judge elects to suspend your license, we can file an appeal or petition for an occupational license allowing you to drive to work, school, court, and other necessary personal errands.
Legal Defenses for Your DWI Charge
Our legal team will choose the right strategies for your defense based on the facts and information pertinent to your case. Some commonly used legal defenses for DWI charges include:
- Lack of reasonable suspicion for stopping you
- Lack of probable cause for arresting you/requesting chemical testing
- Errors in the performance of chemical BAC testing
- Errors in the processing or storing of evidence
- False positive BAC testing results
- Violations of your legal rights by the police
We have many options for finding weaknesses in your case and many more options for leveraging those factors to ensure you are not wrongfully convicted.
See How a DWI Lawyer in Allen Can Help You
To help you decide the best course of action in your drunk driving case, the Law Offices of Randall B. Isenberg offers a no-cost, no-obligation case evaluation.
Contact our office today at 214-696-9253 to see how a DWI lawyer in Allen can help with your case.