In Texas, driving while intoxicated (DWI) is a serious offense. You could face significant fines, jail time, and the loss of your driving privileges. If the police in Irving, TX, arrested you on suspicion of drunk driving or another related crime, you must take these accusations seriously. Let the Law Offices of Randall B. Isenberg team review your case and develop a solid defense strategy.
Today, you can discuss your case with a member of our Irving criminal defense lawyer. A DWI lawyer in Irving, TX, will protect your rights, review the facts of your case, and fight for a favorable outcome on your behalf. Call us today for a free consultation.
Let Our Irving, Texas, DWI Lawyers Fight the Allegations Against You
Texas DWI defense attorney Randall B. Isenberg has more than 30 years of experience building strong cases and fighting for his clients. Along with his team from the Law Offices of Randall B. Isenberg, he can review your case and explain your options to fight the charges against you.
A DWI lawyer serving Irving, TX, can formulate a strong defense strategy in your case based on the circumstances of what happened. Some common defenses include:
The Police Officer Didn’t Have Probable Cause
We could show the arresting officers in Irving did not have probable cause to conduct a traffic stop. Unless the police have a good reason, they cannot pull you over. DWI checkpoints are illegal in Texas. So, if you were arrested at one of these stops, we could move to have some evidence dismissed from your trial.
The Conducted Field Sobriety Tests Aren’t Reliable
Field sobriety tests must follow strict protocols to count as admissible evidence in a Texas DWI case. We could get the video and testimony from such tests barred from the courtroom if we can show the officers did not follow protocols or there is another reason — often rain, slick pavement, or uneven pavement — that affected the results.
The BAC Test Was Inaccurate
The State of Texas and the National Highway Traffic Safety Administration (NHTSA) set strict standards for testing blood and breath following a DWI stop or accident. Law enforcement officers must follow special protocols, and their failure to do so could skew test results.
In addition, blood samples must be taken and handled properly, and breath testing machines require proper calibration. If police failed to do any of these things correctly, we could get the test results thrown out.
There Are Inconsistencies in the Police Report and Dashcam Footage
We can raise questions about your guilt if there are significant differences between what officers reported in the police report and what we see on the patrol car’s dash camera. The video and sound from these recordings can be vital in proving our case.
Law Enforcement Didn’t Read Your Miranda Rights to You
When you’re under arrest, the police must share that you have certain rights. Among them, you have the right to remain silent, and anything you say can be used against you. If you weren’t read your rights upon your arrest, and you disclosed certain things, we could move to have those admissions disregarded in court.
Your Irving DWI lawyer can review other details of your arrest to ensure that the police didn’t infringe on your legal rights.
Understanding Texas DWI Laws
Like most other areas, the legal limit in Texas is a .08% blood alcohol concentration (BAC). If a motorist has a BAC at or above this level, they may face DWI charges. This is the primary way people face drunk driving charges in Texas.
However, Texas law also allows officers to arrest anyone who appears impaired because of drug or alcohol use and tries to drive. This allows them to arrest almost anyone without testing their blood or breath to ensure they are intoxicated.
There are also additional penalties one could face after a stop and arrest for suspicion of DWI. This most commonly includes open container violations.
Penalties for an Irving, TX, DWI Can Be Serious: We Protect You From Them
The penalties you could face if convicted of a DWI or related drunk driving offense in Texas can affect almost every aspect of your life. The Texas Department of Transportation lists a possible sentence for a first-time offender as including:
- Up to $2,000 in fines
- Three days to six months in a county jail
- Driver’s license suspension for up to a year
The potential penalties only increase from there for repeat offenders, including a month to a year in jail and a $4,000 fine for second DWI offenses. A third DWI is a felony charge. You could owe up to $10,000 in fines and spend two to 10 years in state prison. Getting a DWI with a child in your car is also a felony offense.
Our Irving Criminal Defense Lawyers Guide You Through the ALR Process
Even if you do not get convicted or never face criminal charges, an arrest based on suspicion of DWI is enough to trigger an administrative license revocation (ALR) in Texas. This type of revocation is unrelated to your criminal case but occurs automatically after an arrest. The arresting officer will take your license and give you a temporary permit to drive for the next 40 days.
We have 15 days to request a hearing to fight the ALR. If we do not take this action, you will lose your driving privileges on the 40th day following the date of your arrest. This revocation could last from a few months to several years, depending on the circumstances.
Our Criminal Defense Attorneys Shield You From Secondary Consequences
Time behind bars, fines, and license suspension are just some of the penalties the state imposes on DWI convicts. However, the effects of a conviction are more far-reaching than you may have initially anticipated. For instance, if you hold a commercial driver’s license and you’re convicted of DWI, your employer could deem you unsafe to drive and terminate your employment.
You could also experience:
- Problems retaining custody and visitation rights with your children
- Issues going to and from work/school
- Difficulty maintaining your quality of life and accomplishing daily tasks (such as grocery shopping)
- Anxiety about the offense coming up on background checks for employment
Once you’re convicted on a DWI charge in Texas, it stays on your record forever––even if it’s a first-time offense. What’s more, unlike other states, Texas does not have a “lookback” period. This means if you were convicted of a DWI decades ago, getting convicted again will count as a second-time offense with elevated penalties.
Talk to Our DWI Lawyer in Irving, TX, About Your Case Today
At the Law Offices of Randall B. Isenberg, our team wants to help you get a favorable outcome in your Irving, Texas, DWI case. We will review your case and, based on the evidence we collect, identify all weaknesses in the case against you. By doing this, we can develop a plan of attack if we need to go to court.
However, our DWI lawyer in Irving, TX, could also approach prosecutors and convince them to reduce the charges to a non-alcohol offense, such as reckless driving, instead of DWI. Call today and let a member of our team take a look at your Irving, TX, DWI case. You do not want to go through the legal process alone.
