Having a felony DWI conviction on your record can prevent you from voting, getting a job, owning a gun, and finding a place to live even long after you have paid your debt to society. A felony DWI lawyer in Frisco, TX can help you avoid the upheaval to your life a conviction will cause.
The Law Offices of Randall B. Isenberg fights for the rights of the accused, helping clients move forward with their lives. Led by an attorney who spent years working as a prosecutor and district court judge and who understands how the other side works, we have a stellar track record of winning DWI cases.
For a free case evaluation, call us at 214-696-9253.
Penalties for a Felony DWI Conviction in Frisco, TX
You can get charged with a felony for a third or subsequent DWI, or if your DWI had certain aggravating factors such as having a minor in the car.
The penalties you face depend upon whether your DWI is a third-degree, second-degree, or first-degree felony.
Third-Degree Felony
A third-degree felony is the mildest kind — but still a felony. It is what you get charged with for a third or subsequent DWI offense. You can also face third-degree felony charges for intoxication assault , a crime in which you injure another person while driving under the influence of alcohol or drugs.
The penalties for a third-degree felony DWI are:
- Up to 10 years in prison
- Up to $10,000 in fines, plus court costs
- Up to a 2-year suspension of your driver’s license
- Up to a $2,000 annual fine for 3 years to reinstate your license
Second-Degree Felony
A second-degree felony is one step more severe than third-degree. It applies to intoxication manslaughter (killing another person while driving intoxicated) or intoxication assault of a first responder.
The penalties are:
- Up to 20 years in prison
- Up to $10,000 in fines, plus court costs
- Up to a 2-year suspension of your driver’s license
- Up to a $2,000 annual fine for 3 years to reinstate your license
First-Degree Felony
A person who kills a first responder, even inadvertently, while driving drunk in Texas can face first-degree felony DWI charges.
It carries the following penalties:
- Up to life in prison
- Up to $10,000 in fines, plus court costs
- Up to a 2-year suspension of your driver’s license
- Up to a $2,000 annual fine for 3 years to reinstate your license
On top of these penalties, a judge may sentence you to community service, probation, and substance abuse counseling or DWI education, and they might require you to install an ignition interlock device on your vehicle when you get your license reinstated.
Enhanced Charges
Even if your DWI normally would not fall into the felony category (for instance, it was a first or second offense with no injuries), certain aggravating factors such as a high blood alcohol concentration (BAC) or a minor in the vehicle, can bump it up from a misdemeanor.
Keeping Your Driver’s License After a Felony DWI Arrest in Frisco, TX
A felony DWI arrest can affect your driver’s license — even if the prosecutor reduces or drops the charge. You must attend an administrative license revocation (ALR) hearing to determine the status of your license. During this proceeding, both you and the arresting officer will provide testimony, followed by an administrative law judge determining, based on everything they heard, whether you can keep your license.
A felony DWI lawyer in Frisco, TX can help you prepare for your ALR hearing and can represent you at the hearing itself. It is highly beneficial to engage a criminal defense lawyer in this process. They can keep you from inadvertently making statements under oath that undermine your case and can also question the arresting officer, potentially poking holes in their story.
Defense Strategies to Help You Beat a Felony DWI Charge in Frisco, TX
After reviewing your case, your lawyer can develop a defense strategy to help you avoid a felony DWI conviction in Frisco, TX. One possibility is to work with the prosecutor to get them to agree to reduce your charge to a misdemeanor. Attorney Randall Isenberg has spent 30 years in the Texas court system, including many years as a prosecutor and as a district judge. He understands how the other side works and how to make deals with them.
If we need to go to court, we will try to have the charges dropped or acquitted by a jury. Remember, the burden of proof rests with the prosecution, not with the defense. They must prove beyond a reasonable doubt that you are guilty. We simply must create enough reasonable doubt to avoid a conviction.
Lack of Reasonable Suspicion
If the police lacked reasonable suspicion to pull you over in the first place, we can have any evidence procured after that point declared inadmissible.
Lack of Probable Cause
If the police had reasonable suspicion to pull you over (for instance, you were speeding or rolled through a stop sign) but did not have probable cause to ask you to submit to blood alcohol testing, we can have the results of the test thrown out.
Insufficient Evidence
If the police violated proper protocol when gathering evidence against you, we can have that evidence deemed inadmissible. We have been able to get many incriminating blood alcohol tests thrown out due to improper testing procedures or poorly calibrated devices.
See How a Felony DWI Lawyer in Frisco, TX Can Help with Your Case, Call the Law Offices of Randall B. Isenberg at 214-696-9253
Do not let a felony DWI conviction lead to consequences that haunt you for the rest of your life. A felony DWI lawyer in Frisco, TX from the Law Offices of Randall B. Isenberg can help you get past this situation and move forward with your life. We offer a free consultation and case evaluation. To speak with a member of our team, call 214-696-9253.
