A felony DWI conviction carries a minimum of six months — and as many as 99 years — behind bars, along with $10,000 in monetary fines. Whether you face charges for a third (or subsequent) DWI, intoxication assault, intoxication manslaughter, or a related offense, you want help from a DWI lawyer in Garland.
Attorney Randall B. Isenberg of the Law Offices of Randall B. Isenberg has more than three decades’ experience defending clients against criminal charges and spent time as a felony prosecutor and district court judge.
Call us today to put that experience to work defending you against felony DWI charges. Our Garland criminal defense lawyers are here for you. You can start your initial consultation today.
What Are the Legal Penalties for Felony DWI in Garland?
Upon conviction for any felony DWI in Garland, you will face these statutory penalties:
First-Degree Felony (Intoxication Manslaughter of a Peace Officer, Firefighter, or EMT)
- Up to $10,000 in monetary fines
- 5 to 99 years or life mandatory prison sentence
- Up to a 2-year driver’s license suspension
Second-Degree Felony (Intoxication Manslaughter, Intoxication Assault of a Peace Officer, Firefighter, or EMT)
- Up to $10,000 in monetary fines
- 2 to 20 years mandatory prison sentence
- Up to a 2-year driver’s license suspension
Third-Degree Felony (Third DWI, Intoxication Assault)
- Up to $10,000 in monetary fines
- 2 to 10 years mandatory prison sentence
- Up to a 2-year driver’s license suspension
State Jail Felony
- Up to $10,000 in monetary fines
- 6 months to 2 years in state jail
- Up to 1-year driver’s license suspension
In addition to the above penalties, you must also pay court costs and fees and attend a mandatory alcohol education program. You must install an ignition interlock device on all vehicles that you own or drive regularly. You may also receive community supervision (supervised probation) and up to 1,000 hours of community service.
Depending on the nature of your charges and your criminal DWI history, the judge may also order substance abuse testing and mandatory rehab or counseling.
How Does Texas Define Felony DWI?
If the prosecutor can prove that you were driving while legally intoxicated, as defined in Chapter 49 of the Texas Penal Code (TPC), you will face a felony DWI conviction if you:
- Have two previous DWI convictions
- Injured or killed someone in a DWI accident
- Committed DWI with a minor passenger in your vehicle
How Can a Felony DWI Lawyer Help Me Fight My Charges?
Your attorney can ensure the protection of your legal rights and help you understand all your options. By providing support and legal counsel, your experienced lawyer can help you make the right decisions for your future.
A felony DWI lawyer from our law firm can also identify potential strategies for mounting an effective criminal defense. Some of the most commonly used defense strategies for Texas DWI cases include the following:
Law Enforcement Conducted an Illegal Traffic Stop
A police officer must have reasonable suspicion of intoxication to pull you over. If your lawyer can demonstrate otherwise, the evidence the officer obtained during the stop may be inadmissible.
The Police Didn’t Have Probable Cause for BAC Testing
If the officer failed to follow established protocols during the traffic stop, including the failure to conduct field sobriety testing in accordance with National Highway Traffic Safety Administration (NHTSA) standards, the court may exclude any resulting chemical test results.
The Results of Your BAC Testing Were Inaccurate
Any chemical BAC testing must comply with the NHTSA standards for BAC chemical testing. Otherwise, the results of that testing may be inadmissible in court. This includes testing equipment and administration, as well as lab analysis of the test results.
Your lawyer can use any weaknesses in the state’s case as a tool for negotiating with the prosecutor to dismiss your charges or, if allowed by law, reduce the charges to a lesser criminal offense.
As for the suspension of your driver’s license, your felony DWI lawyer will also represent you in the ALR hearing process.
Will I Lose My License After Being Arrested for a Felony DWI?
At the time of your arrest, an officer confiscates your driver’s license and issues you a 14-day permit to drive. At the conclusion of that 14-day period, you must have requested an Administrative License Revocation (ALR) hearing, or the Texas Department of Public Safety (DPS) will suspend your license.
The ALR hearing provides you with the opportunity to fight a driver’s license suspension but, more importantly, it gives us an early look at the prosecution’s evidence against you. The ALR hearing also allows us to question the arresting officer under oath.
This helps us identify any potential weaknesses in the state’s case that could help leverage negotiations with the prosecutor for a dismissal or reduction of your felony DWI charges. You can connect with the Law Offices of Randall B. Isenberg today to learn more.
Considerations Following a Felony DWI Arrest
One of the best things you could do following a felony DWI arrest is to consider legal representation. The sooner our lawyers can start creating your defense, the stronger a defense we can present. In some cases, we can compel the state to drop the charges or dismiss the matter entirely.
Other post-arrest considerations that could benefit your situation include:
- Refraining from driving on a suspended license. Once you’re arrested for DWI, two processes start: the criminal justice process and an administrative process that focuses on your driving privileges. Even if the state drops your criminal case, you must still go through the process of retaining your license. Getting caught with a suspended license could spell bad things for your situation.
- Keeping your case’s details between you and your lawyer. Only you and your legal team need to know about your case’s details. Posting about your case online or sharing information with others could jeopardize its outcome.
If this is your subsequent DWI charge, you could benefit from enrolling yourself in a substance abuse program. This could show the judge and jury that you’re committed to making a change and bettering yourself. While this wouldn’t completely cancel out your case, it could allow us to seek a reduction in your charges.
Speak With a Felony DWI Attorney in Garland for FREE Today
Do not make any decisions without first consulting a felony DWI attorney. Otherwise, you may find yourself spending years in prison.
At the Law Offices of Randall B. Isenberg, our legal team provides a free consultation and case review for anyone facing Texas DWI charges. Contact us today to speak with a felony DWI lawyer in Garland.
