A Rockwall DWI can affect every facet of your life. You will face the financial impact of large fines, fees, and court costs. You will lose your driver’s license for a long period, leaving you unable to get to work or school, or go to important personal appointments. You may also face jail time or probation. And, with the drunk driving conviction on your permanent record, you may struggle to get a job or even rent an apartment.
You need a DWI lawyer in Rockwall to assist you. Your lawyer will protect your legal rights and help ensure the best possible results for your future. Call attorney Randall Isenberg at the Law Offices of Randall B. Isenberg for help: 214-696-9253.
Why Do I Need a Rockwall DWI Lawyer?
You need a DWI lawyer because no one else will be looking out for you or ensuring the protection of your legal rights.
In fact, the police and prosecutors often convince people to plead guilty to Texas DWI charges by intentionally not telling them how it might affect their future. In fact, you should never answer questions or make statements without your lawyer present — because they will definitely use your statement against you in court.
When you have a DWI lawyer represent you, it lets the prosecutor know that you understand the charges against you, that you take those charges seriously, and that you are not willing to accept a bad deal.
We can quickly access all the important evidence in your case, and analyze it to identify any potential weaknesses or errors on the part of the police.
Even if you tested positive for DWI on a breathalyzer or blood test, it does not mean that you are automatically guilty. Your lawyer can negotiate with the prosecutor for reduced charges, or petition the court to dismiss your case. And, if you must eventually go to court, your lawyer can mount a strong case in your defense.
What Are the Penalties for a DWI Conviction in Rockwall?
The Texas Penal Code (TPC) establishes the definition and penalties for Rockwall DWI charges. The severity of DWI penalties depends on several factors, including your prior criminal history, your blood alcohol concentration (BAC), and the circumstances of your arrest.
First DWI Offense
- Fines up to $2,000
- 3 days to 180 days in jail
- Loss of driver license up to a year
- Annual fee of $1,000-$2,000 for 3 years to retain driver license
Second DWI Offense
- Fines up to $4,000
- 1 month to 1 year in jail
- Loss of driver license up to 2 years
- Annual fee of $1,000-$2,000 for 2 years to retain driver license
Third DWI Offense
- Fine of $10,000
- 2 to 10 years in prison
- Loss of driver license up to 2 years
- Annual fee of $1,000- $2,000 for three years to retain driver license
If you have two or more DWI convictions in a five-year period, the court will compel you to install an ignition interlock device on all vehicles that you own or drive.
The judge may also order you to perform community service, undergo substance abuse counseling, and attend an alcohol education program.
If your BAC is more than 0.149, your charges and the associated penalties will increase significantly — typically double. If you have an open container of alcohol in your car, or a passenger age 14 or below, you will also face much more severe penalties.
Finally, a conviction for DWI in Rockwall will become a part of your permanent record. Your car insurance costs will skyrocket. And, whenever someone does a background check, they will learn about your conviction. This can make getting a job or renting a home difficult or impossible and may make you ineligible for professional licensure.
How Does a Lawyer Fight DWI Charges?
Your lawyer may pursue any number of strategies for defending you against DWI charges, depending on the details of your case.
The burden of proof is high for drunk driving cases. The prosecutor must demonstrate that you were driving in a public place while intoxicated. So, while a seemingly incriminating BAC test might sound bad, your attorney knows that it does not automatically lead to a conviction.
For example, the police need to have reasonable suspicion for pulling you over. They must have probable cause and advise you of your rights before taking you in or requesting a breathalyzer or blood test for BAC.
If the police fail to follow all established guidelines and procedures, or if they violate your Constitutional rights at any time, your lawyer can leverage those mistakes as a part of your defense.
One example involves the National Highway Traffic Safety Administration (NHTSA) guidelines for field sobriety testing. Your lawyer can obtain dash cam footage or take statements from witnesses to determine whether the officer adhered to the guidelines.
Likewise, the police must follow both the NHTSA DWI testing procedures and the Texas Administrative Code (TAC) breath alcohol testing standards when administering a breathalyzer test. If they have not maintained, calibrated, and tested their equipment, or if the testing technician was not duly certified to perform the tests, we can move to have the evidence declared inadmissible.
Will They Take Your Driver’s License for Rockwall DWI Conviction?
A separate, civil procedure will determine the fate of your driver’s license. These proceedings are known as the Administrative License Revocation (ALR) process, handled by the Texas Department of Public Safety (TxDPS).
When the police arrest you for DWI, they take your driver’s license and provide you instead with a temporary permit, which is valid for 40 days. You must formally request your ALR hearing within 15 days or TxDPS will revoke your license for a period of 90 days to 2 years.
At the ALR hearing, you will give testimony under oath, as will the arresting officer and anyone else who has evidence to present. The prosecutor can use any of your testimony against you in your criminal case, so it is important to have your attorney present.
The ALR hearing also provides your DWI lawyer with an opportunity to question the officer under oath, and to learn what evidence the prosecution has against you. This will help your lawyer in the preparation of your defense.
Call a DWI Lawyer in Rockwall
To ensure the best possible results in your case, you need a DWI lawyer who understands how the system works, and who will fight for you every step of the way.
Attorney Randall Isenberg, of the Law Offices of Randall B. Isenberg, has more than 30 years’ experience, not only as a DWI attorney but also as a felony prosecutor and state district judge. His insider perspective ensures that he knows how to get the job done for you.
Call today for a free consultation, or to speak to a DWI lawyer in Rockwall: 214-696-9253.
