Regardless of your circumstances, the immediate and long-term implications of a DWI arrest can have a devastating impact on your life, career possibilities, and, in the worst-case scenario, a conviction.
If you’ve been arrested in Balch Springs, TX, and are facing marijuana-related DWI charges, our criminal defense lawyers can develop a defense and protect your rights throughout the legal process. Our Balch Springs DWI marijuana lawyers will fight for the best possible outcome for your case.
How a DWI Marijuana Attorney Can Help
Criminal Defense Attorney Randall B. Isenberg has over 30 years of experience in criminal law. As a criminal defense attorney with prior experience as both a prosecutor and state district trial judge, he has in-depth knowledge of the ins and outs of the processes associated with criminal law. He has also built a reputation as a well-respected and reliable defense attorney in the state of Texas.
Our primary objective is to protect our client’s rights, evaluate your case and build a strong defense based on their situation. The majority of our responsibilities entail:
- Launching an Investigation into your case
- Explaining your charges.
- Answering any questions you may have.
- Representing you in court.
- Identifying any violation of your rights.
- Filing an appeal if necessary.
- Requesting an Administrative License Revocation hearing on your behalf.
Whether the police violated your rights during a search or the evidence used against you was invalid, we will work with you to assess your circumstances and use our legal knowledge to ensure you are treated properly during the legal process going forward.
What Sets Our Balch Springs DWI Marijuana Lawyers Apart
The Law Offices of Randall B. Isenberg has won 100s of criminal justice cases in Texas, including but not limited to:
- 1st Offense DWI
- 2nd Offense DWI
- 3rd Offense DWI
Randall B. Isenberg is a board-certified lawyer in criminal defense by the Texas Board of Legal Specialization. He has received various awards and recognition throughout his career, including the Top 100 National Trial Lawyers in 2017.
Testimonials from Our Criminal Defense Clients
These are just two of the many clients we’ve represented:
- “I contacted the law offices of Randall Isenberg and they did a superb Job with handling my case. Gloria and Colleen are top professionals in there industry. Colleen was able to secure the best defense possible and most favorable terms with in regards to my case. I hope to never get caught under these circumstances but I would wish to be able to return the good deed back to Coleen and Gloria.” – Carlos Piedrahita, 2022
- “After I decided to go with Randall B. Isenberg, I first thought I’d made a mistake. It seemed like I wasn’t being kept informed. I had a thousand fears and a thousand questions. But it didn’t take me long to discover how hard the attorneys at his law offices were working. No doubt that I’m free today because of them.” – Gerrie J, 2021
DUI and DWI Differences in Texas
A DWI in Texas is classified as “Driving while intoxicated”. This applies to alcohol, controlled substances, drugs, or any combination of the aforementioned substances. If a driver is impaired by any of these substances while driving or has a blood alcohol concentration (BAC) level over .08, they may face a DWI charge.
A DUI, on the other hand, is defined as anyone under the age of 21 driving with any amount of alcohol in their system. This is categorized as a Class 3 misdemeanor, with charges and penalties distinct from those of a DWI.
Penalties for DWI Marijuana Charges
The severity of your DWI charge will be determined by multiple factors, the most common of which is the number of prior offenses the driver has had.
1st DWI Offense
According to Texas Penal Code § 49.01, a first-time offense is a Class B misdemeanor and is punishable by a minimum of 72 hours in jail and a fine of up to $3,000. The offense is elevated to a Class A misdemeanor, and you could be facing a $6,000 fine and up to 180 days of jail time.
You may also face a 90-day to a one-year suspension of your driver’s license, as well.
2nd DWI Offense
A second DWI charge will automatically be classified as a Class A misdemeanor. In this case, minimum jail time increases to one month, and the maximum amount of time you could spend in jail increases to one year. You may also be forced to pay up to $4,500 in fines. Your driver’s license in this offense could also be suspended for up to two years.
3rd DWI Offense
In the event of a third offense, the DWI becomes a third-degree felony punishable by up to ten years in prison and a $10,000 fine. A potential two-year license suspension and all associated fines may still apply.
Exceptions
If certain conditions are met, your case will be escalated even if your DWI is a first-time offense. Some of the most notable exceptions
- Driving while intoxicated with a minor under the age of 15 in the vehicle: This is considered a state felony.
- Intoxication assault: The act of harming a bystander as a result of intoxicated driving. This carries the same penalties as a third-time DWI offense.
- Intoxication manslaughter: This is when driving while inebriated results in the death of another person. This is the most serious offense, and if convicted, you could face up to 20 years in prison.
Regardless of the charges, it is critical to construct a strong defense for your case. You will need an expert lawyer who can gather evidence on your behalf, devise a strategy for you in court, and do everything possible to assist you during this crucial time.
In many situations, specific aspects of your scenario, such as police failing to read your Miranda rights following your arrest, may result in your punishment being reduced or your case being dropped outright.
Requesting an ALR Hearing After a DWI Marijuana Charge in Balch Springs
It is also crucial to note that even if you aren’t convicted of a DWI, your license will be confiscated, and you will be given an ALR suspension following your arrest.
The ALR is an entirely separate process from your case. If you are arrested with a DWI or refuse any subsequent blood or breath test, an Administrative License Revocation (ALR) of your license will go into effect and be permanently added to your record.
In order to contest this, you or your attorney must request an ALR hearing with the Texas Department of Public Safety (DPS) to contest your suspension no less than 15 days after your arrest.
If you are successful, your license will be returned, and the suspension will be deleted from your record. But you must act immediately. It will be quite beneficial to have an experienced lawyer to help you get your license back, as your daily demands will still need to be addressed, which can be challenging without your major mode of transportation.
Contact Us to Work With a Balch Springs DWI Marijuana Attorney
A DWI accusation might be alarming since the repercussions can be life-changing and leave lasting stains on your record, but it is not impossible to beat the charges. Our team of DWI marijuana lawyers makes it our objective to have our client’s charges mitigated or dropped.
Contact us today for a free case evaluation. We’ll let you know your immediate options and answer any questions you may have.
