Facing a felony DWI conviction in Denton can lead to years or even decades in prison. Prosecutors pursue these severe charges if you have prior DWI convictions or caused an accident resulting in property damage, injury, or death.
A Denton felony DWI lawyer can defend your rights and strive to reduce or dismiss your charges. With over 30 years of experience, the Law Offices of Randall B. Isenberg offers aggressive and compassionate representation.
Contact our Denton DWI lawyer for a no-cost, no-obligation consultation to explore your options and protect your future.
What Is a Felony DWI Offense?
As your Denton criminal defense lawyer, we understand the gravity of felony drunk driving charges. Prosecutors can pursue these charges upon your third DWI offense or any subsequent offense after an intoxication manslaughter conviction. These charges carry severe penalties.
You will face felony charges if you caused an injury accident while driving under the influence. Similarly, if your drunk driving led to a fatal accident, the prosecutor will pursue felony charges. These actions have severe consequences, underscoring the need for experienced legal representation.
Driving drunk with a minor (age 14 or younger) in your motor vehicle is also a felony. This highlights the serious repercussions of endangering a child’s life while under the influence and the importance of responsible behavior. It’s important to understand your rights in DWI situations.
Will I Go to Prison for a Felony DWI Conviction?
A felony DWI conviction will almost certainly result in incarceration, with the length of time being the only variable. As a Denton criminal defense lawyer, we understand the gravity of these charges and the impact they can have on your life.
Prosecutors can pursue varying levels of felony charges:
First-Degree Felony
A first-degree felony results in the most severe penalties.
- Imprisonment: 5 to 99 years
- Fine: Up to $10,000
- Driver’s license suspension: Up to 2 years
Second-Degree Felony
A second-degree felony also carries significant penalties.
- Imprisonment: 2 to 20 years
- Fine: Up to $10,000
- Driver’s license suspension: Up to 2 years
Third-Degree Felony
Third-degree felonies result in substantial prison time and fines.
- Imprisonment: 2 to 10 years
- Fine: Up to $10,000
- Driver’s license suspension: Up to 2 years
State Jail Felony
State jail felonies involve shorter prison terms but still carry severe penalties.
- Imprisonment: 6 months to 2 years in state jail
- Fine: Up to $10,000
- Driver’s license suspension: At least 6 months
Additional Penalties
Felony DWI convictions come with numerous additional penalties.
- $2,000 annual surcharge for three years to reinstate your driver’s license.
- Installation of an ignition interlock device.
- Mandatory alcohol education courses.
- Up to 1,000 hours of community service.
- Supervised probation.
Long-Term Consequences
A felony DWI becomes a permanent mark on your criminal record, affecting your ability to:
- Gain employment
- Rent housing
- Hold a professional license
- Secure student loans
Additionally, a felony conviction results in the loss of several civil rights, including the right to vote, serve on a jury, and own a firearm.
A Denton criminal defense lawyer can provide aggressive and compassionate representation. Our experienced attorneys work diligently to defend your rights against law enforcement and prosecutors.
Will I Lose My Driver’s License for Felony DWI?
Like any drunk driving arrest in Texas, you must attend a DMV suspended license hearing for felony DWI charges to determine the status of your license. A criminal defense attorney can help you work through this process and protect your rights.
Establishing Probable Cause
When police pull you over on suspicion of drunk driving, they will try to establish probable cause for a chemical BAC test. This is typically done using field sobriety tests or a portable, roadside breath testing device.
Once probable cause is established, the police will confiscate your license and issue you a temporary driving permit.
Scheduling an ALR Hearing
To prevent the suspension of your license, you must schedule an Administrative License Revocation (ALR) hearing within 15 days. If you fail to do so, the Texas Department of Public Safety (TxDPS) will revoke your driver’s license.
The ALR Hearing
At your ALR hearing, you must provide sworn testimony regarding your alleged offense. The arresting officer must also appear and give testimony. The judge will then issue a ruling based on the evidence presented.
Post-Hearing Actions
If the judge suspends your license, your criminal defense attorney can appeal the decision or petition the court for a provisional license. This license allows you to drive to work, school, and important personal appointments.
Impact on Your Criminal History
A felony DWI conviction in Denton can severely impact your criminal history, making it essential to have experienced legal representation. Our lawyers can help you through the entire legal process and fight for your rights.
Is Probation Possible?
Yes, it is possible to be placed on probation for a DWI offense in Denton. Probation allows you to be released into the community under specific conditions instead of going to jail.
These conditions may include regular check-ins with a probation officer, attending counseling or treatment, submitting to random drug or alcohol testing, installing an ignition interlock device on your vehicle, performing community service, and obeying all laws.
Probation Conditions
If you receive probation for a repeat DWI offense, you will be required by law to serve 10 to 180 days in jail as a condition of your probation. This mandatory jail time ensures that drivers understand the seriousness of their actions and the need for compliance with probation terms.
Probation for DWI With a Child Passenger
For DWI offenses involving a child passenger, you are not automatically required to serve jail time as part of your probation. However, the judge may still order up to 180 days in jail at their discretion.
This additional condition underscores the importance of addressing the risk posed by driving under the influence of alcohol with a child in the vehicle.
What Legal Strategies Will Your Felony DWI Lawyer Use?
A Denton felony DWI attorney from the Law Offices of Randall B. Isenberg will protect your legal rights throughout the criminal process and build a strong defense for you in court.
Reviewing Facts and Evidence
We start by thoroughly reviewing the facts and evidence in your case. Any mistakes made by the police during your arrest or in obtaining evidence can be used to negotiate with the prosecutor.
Negotiating Charges
In many instances, we can convince the prosecutor to reduce the charges or even dismiss the case. For example:
- Illegal traffic stop: If the police lacked reasonable suspicion to pull you over, we may argue the stop was illegal.
- Field sobriety testing errors: If officers did not follow proper procedures, we might argue they lacked probable cause for arrest and chemical BAC testing.
Challenging Evidence
If police did not follow protocols when testing your blood for alcohol content, we may petition the court to exclude that evidence. Successfully disallowing critical evidence can weaken the prosecution’s case significantly.
Meeting the Burden of Proof
For a felony DWI charge, the prosecutor must meet a high burden of proof. Our team will employ various legal strategies and arguments to create reasonable doubt in the minds of the jury.
This could involve questioning the reliability of field sobriety tests, the accuracy of chemical tests, or the proper use of ignition interlock devices.
Restoring Driving Privileges
We also work to restore your driving privileges, ensuring you can continue with your daily life. This may include petitioning for the installation of ignition interlock devices to allow limited driving under court supervision.
Did You Know You Can Meet With a Felony DWI Lawyer in Denton for Free?
Attempting to fight these serious charges on your own means risking your entire future. Before you make any decisions about the next step, take advantage of the free consultation and case review offered by the Law Offices of Randall B. Isenberg.
Randall brings more than three decades of experience to the table, including time spent as a district court judge and felony prosecutor. This background and experience give us the knowledge it takes to help you fight felony DWI charges.
