Getting arrested for driving while intoxicated (DWI) in Fort Worth is a stressful experience. Your life might seem out of control, and you may not be sure what harsh penalties lie ahead. With a conviction, you risk serving jail time, paying fines, and missing time with your family. Yet, even in a dark situation like this, you have options.
A Fort Worth criminal defense lawyer from the Law Offices of Randall B. Isenberg can build a comprehensive case and possibly help you avoid the penalties of a conviction. You do not (and should not) face drunk driving charges on your own. Our criminal defense team will do everything within our power to limit your arrest’s impact on your life.
Our DWI lawyers in Fort Worth, TX, are ready to help you avoid a criminal conviction and put this chapter behind you. Call us today for a free initial consultation so we can start working toward a positive outcome.
When Might I Face a DWI Charge in Fort Worth, TX?
As your Fort Worth DWI lawyers, it is our job to explain the implications of your DWI charge to you. It can be confusing to distinguish the difference between a DWI and a DUI, so let us clarify and then explain their differences.
You may face a Fort Worth DWI arrest if:
- Your blood alcohol concentration (BAC) level was .08% or above, or,
- Your behavior at the time of arrest indicated that you were intoxicated.
Additional Legal Penalties That Can Be Added to a DWI Charge
Depending on the details of your arrest, you could face additional criminal charges, such as child endangerment, intoxication assault, and driving on a suspended license. Each of these things could compound the penalties you face, threatening your future and freedom.
By retaining help from our DWI attorneys in Fort Worth, you give yourself an opportunity to overcome these charges and continue with your life. By representing yourself (or trusting a public defender with your case), you risk having your life changed as you know it.
How a DWI Differs From a DUI in Texas
While both a DWI and a DUI involve being impaired, the key difference lies in the specific circumstances and age restrictions. One encompasses cases where individuals of legal drinking age are found to be operating a vehicle while intoxicated by alcohol or drugs, while the other pertains to individuals under 21 years old with any measurable amount of alcohol in their system while driving.
DWI: Driving While Intoxicated
In Texas, a DWI refers to operating a motor vehicle while under the influence of alcohol or drugs. The focus of a DWI charge is primarily on intoxication, which can result from the influence of alcohol, drugs, or a combination of both. Law enforcement agencies assess intoxication by considering various factors, such as blood alcohol levels and observable signs of impairment.
DUI: Driving Under the Influence
On the other hand, a DUI in Texas typically applies to individuals under the age of 21 who operate a motor vehicle with any detectable amount of alcohol in their system. Unlike a DWI, where a specific BAC threshold is considered, a DUI emphasizes zero tolerance for underage drinking and driving. A DUI charge in Texas is only applicable to individuals under the legal drinking age.
Safeguarding Your Defense Against a DWI Conviction in Fort Worth, TX
The potential ramifications of a DWI conviction should not be taken lightly. As per the Texas Department of Transportation (TxDOT), a first-time offender may need Fort Worth first-time offender DUI lawyer to reduce the following penalties:
- A maximum of $2,000 in fines
- A jail term ranging from three days to six months in a county facility
- Driver’s license suspension (ranging from 90 days to a year)
- Mandatory installation of an ignition interlock device in your vehicle
You may face additional jail time or fines if you have an open container or a BAC of .15% or higher. The penalties also increase for repeat offenders. For instance, if you’re convicted of a second-time DWI, you would need to hire a second-time offender DUI lawyer in Fort Worth to lessen the potential punishment of:
- Between 30 days and 1 year of jail time in a county jail
- A fine of up to $4,000
- The loss of your driver’s license for up to two years
- The mandatory installation of an ignition interlock system (if the second DWI occurred within five years of the first)
Additional punishment may include probation, community service, and mandatory treatment. If you have a criminal history and extreme damages, sentence enhancements may occur, especially without the assistance of a trusted DWI lawyer in Fort Worth, TX.
Potential Penalties of a DWI Offender: Fines and Fees
As a DWI offender, you may be held responsible for various fines and fees. Some of these fees can vary depending on if you are in Tarrant County or another jurisdiction, as well as individual circumstances. The most common fees that DWI offenders are often required to pay include:
- Court Fees: These fees encompass the administrative expenses associated with processing your case through the court system. They may include charges for filing documents, maintaining court dockets, and other related court proceedings.
- Probation Fees: If you are placed on probation as part of your sentence, you may be obligated to pay fees to cover the costs of probation supervision. These fees are intended to offset the expenses associated with monitoring your compliance with the terms of probation. Typically, they are paid monthly or quarterly.
- Alcohol Education Program Fees: Many jurisdictions mandate that DWI offenders complete an alcohol education or treatment program. These programs aim to provide educational resources and support to help individuals understand the risks associated with alcohol abuse and make informed choices in the future.
- License Reinstatement Fees: If your driver’s license was suspended or revoked due to a DWI conviction, you will likely need to pay fees to reinstate your license once the specified suspension period has ended. The exact fees can vary depending on the state and the duration of your license suspension.
- Ignition Interlock Fees: In certain cases, the court may require the installation of an ignition interlock device in your vehicle. This device measures your blood alcohol level and prevents the vehicle from starting if alcohol is detected. Any consumption of alcohol, even grams of alcohol, can trigger an IID.
- Vehicle Impoundment and Towing Fees: If your vehicle was impounded following a DWI arrest, you may be responsible for paying impoundment and towing fees to retrieve your vehicle from the impound lot.
Our legal team provides a strong defense to safeguard your freedom. The additional fees associated with drug-related charges may be a small price to pay to avoid felony convictions.
Successful Fort Worth Law Firm Offering Protection Against DWI Felony Charges
In certain cases, DWIs can be elevated to felony offenses. If you are apprehended while intoxicated with a child passenger, the charges can be escalated, resulting in penalties such as a two-year sentence in a state prison and a maximum fine of $10,000.
A third-time DWI charge is also classified as a felony. If you find yourself in this situation, you may face a prison term ranging from two to ten years, a maximum fine of $10,000, and a driver’s license suspension of up to two years.
Being arrested for a DWI is a challenging experience. However, it is essential to remember that you still possess the right to defend yourself and preserve your reputation. Once convicted, the offense will remain on your criminal record indefinitely, which is far from desirable.
By placing your trust in the Law Offices of Randall B. Isenberg, you provide yourself with the opportunity for acquittal. Without professional legal assistance, you may face a daunting uphill battle.
You Could Benefit From Working With Our Fort Worth DWI Lawyers
Our founder and head attorney, Attorney Randall B. Isenberg, is an attorney with experience from all sides. He was a former district judge and chief felony prosecutor and has over 30 years of legal experience from which you can benefit. Our criminal defense team understands how both sides of the system work in DWI cases. We explore all possible options in building a strong defense in your case, strategically challenging each piece of evidence against you.
Since DWI convictions have severe consequences, and Texas does not allow you to expunge this type of conviction, it is paramount that you fight to reduce your charges or defeat the prosecution in court. We can analyze your case and build a strong defense that could lead to your charges being reduced, dropped, or dismissed. We identify all weak links in the prosecution’s case.
Our lawyers may assert one or more of the following legal defense strategies:
Law Enforcement Officers Didn’t Have Probable Cause
Fort Worth police officers cannot pull people over unless they witness a crime in action or have reasonable suspicion. This is usually the starting point of our analysis of a DWI case. Unless the police officer had probable cause to pull you over, your arrest was not legal. This means we may be able to get your case thrown out entirely.
There’s an Issue With Field Sobriety Testing and the Administered Blood Tests
To be admissible as evidence against you, the arresting officers must administer your field sobriety tests according to strict rules. However, these tests are subjective. What may seem “passable” to one officer may seem like intoxication to another. We thoroughly evaluate the details of any sobriety tests to ensure they were conducted correctly and represent your faculties at the time of your arrest.
Chemical Testing Inaccuracies Affected the Arresting Officer’s Judgment
It always pays to question the accuracy of breath and blood alcohol test results if you consented to the tests. Officers must conduct these tests under strict standards outlined by both the State of Texas and the National Highway Traffic Safety Administration.
In addition, those officers must properly calibrate breathalyzer devices to collect accurate breath samples and handle blood samples in a very particular way to ensure accurate results. If there were any issues with this process, we will uncover them and have inaccurate results barred from the criminal trial.
We Review Dash Camera Video and Police Reports
The police dash camera video may play a key role after a DWI arrest. The jury can see and hear you on video at the time of your arrest. No matter what is in the police report, people tend to believe their own eyes over the testimony of another person.
If you appear sober and sound reasonable, the jury may not believe you were drunk. We can also use this video to uncover other mistakes the police made during your arrest, such as failing to read you your rights or other technicalities.
Based on the evidence we collect demonstrating weaknesses in their case, we can sometimes get the prosecutors to drop the charges entirely or agree to a plea deal. If your case does go to court, our Fort Worth DWI lawyers in Texas protect your rights and present the strongest case possible.
Navigating Fort Worth DWI Cases: Frequently Asked Questions
You likely have many questions while facing criminal charges in Fort Worth. You may ask:
How Long Does a Criminal Trial Take?
At the Law Offices of Randall B. Isenberg, we’re proud to say that many of our criminal cases never go to court. That’s because our Fort Worth DWI lawyers are able to secure plea deals, reduced charges, and dismissals beforehand. However, if your case goes all the way to court, it generally takes three to five days to complete a trial.
In court, we aim to plant reasonable doubt in jurors’ minds. This means refuting the prosecution’s evidence, questioning the details of your arrest, and advocating for your future. If even one juror dissents, your case could end in a mistrial, and the prosecutor may be more willing to negotiate an offer or drop the case.
Can the State Take My Driver’s License Before I Even Go to Court for a Fort Worth DWI?
Yes. Anyone arrested on a DWI charge in Fort Worth has their license automatically suspended. Officers will take your license at the time of your arrest and give you a temporary permit. You then have 15 days to challenge the suspension.
Our DWI lawyers in Fort Worth, TX, can help you with this process and represent you at any necessary hearings. A Fort Worth ALR suspended license attorney will do everything he can to help you keep your license. If the court upholds the suspension, we could request an occupational license, which allows you to drive to work and uphold other obligations.
What if I Got a DWI While Driving a Commercial Vehicle?
The threshold for drinking and driving is much lower for commercial vehicle drivers. If you’re found to have a blood alcohol concentration (BAC) level of .04, you could face severe legal consequences of being charged with a crime and could lose your commercial driver’s license.
Our Ft. Worth criminal defense team regularly advocates for commercial drivers facing criminal charges in Fort Worth and the surrounding areas. We do everything possible to preserve your driving privileges and keep your criminal record clean.
Your Next Steps After Getting Charged With a DWI in Fort Worth
While facing charges of a criminal offense, these measures could promote a fair outcome:
- Adhere to the details of your license suspension. While your case unfolds, you may feel tempted to get behind the wheel––even if just for a few minutes to get something from the store. A word of advice: don’t do this. If you’re pulled over again, you could face compounded charges that complicate matters further.
- Wait until you have a lawyer to talk to the police. You have the right to remain silent, and anything you say could hurt your case, even saying something like, “I made a bad decision. I’m sorry.” Your attorney can field the police’s questions, ensuring you don’t incriminate yourself.
- Limit your social media activity. If the prosecution doesn’t have compelling evidence, it may reference your social media posts to suggest you’re an unsafe driver. Don’t post anything online while your case unfolds. You don’t want to give the prosecutor a shred of information they can use against you.
- Enroll in a substance abuse program. You want to show the prosecutor that you’re an upstanding citizen in the crosshairs of a complicated legal matter. Showing that you’re seeking state-approved treatment to better yourself could give us bargaining power when aiming to have your charges reduced.
Our DWI lawyers in Fort Worth, TX, can explain more about your post-accident considerations during your free consultation. This is also your opportunity to ask questions, get answers, and secure legal representation.
What Clients Share About Our DWI Criminal Defense Lawyers
We’re honored when defendants entrust us with their cases. We’re even more honored to be highly-rated DUI-DWI lawyers with a track record of favorable outcomes. Check out some of our testimonials:
- “My husband was treated like a violent criminal the night he was arrested. We had only had a couple drinks apiece at Chili’s, over an hour being there. My husband was taken to jail after a field sobriety test, and I had to get an Uber with threats of being arrested myself… [Attorney Randall B. Isenberg] committed the arresting officer to giving his version of the arrest, and it didn’t match the evidence and couldn’t stand up in court. We were so relieved to have the case thrown out and to put it all behind us. And we’re happy to leave a good review.” ––S.
- “Randall B. Isenberg, P.C. Law Firm got me an acquittal! I thought at best my charges would be reduced. I never dreamed that even high powered attorneys like Randall could get an acquittal! Thank you so much for rescuing me from this DUI hell!” ––J.
We’re confident that with our advocacy and support, you’ll feel the same way at the conclusion of your case.
Call Today for Help With Your Fort Worth DWI Case
Texas does not tolerate motorists who operate vehicles on our state’s roads while intoxicated. Whether suspected offenders are minors or adults, charges from these incidents are serious, and the legal issues they create can last a long time. Even those facing a first-time DWI offense could spend time in jail and lose their license. Don’t risk prolonged harsh penalties; meet with our Fort Worth DWI attorneys.
To get first-hand experience on how a skilled attorney from the Law Offices of Randall B. Isenberg can help you overcome this situation, contact us today and schedule a confidential consultation for free.
