Drunk driving accidents are serious crimes, carrying harsh monetary fines, and extensive prison sentences.
In fact, a DWI involving an accident, wreck, or injury can lead to felony charges in Texas, with the potential for a life sentence behind bars. To protect your legal rights, you need a DWI involving an accident, wreck, or injury lawyer in Garland. You need someone who understands the process and who will fight vigorously to ensure the best possible outcome in your case.
Call the Law Offices of Randall B. Isenberg today: 214-696-9253.
Why Do I Need a Lawyer for a DWI Involving an Accident or Injury?
If you drove while under the influence or alcohol or drugs, and subsequently caused an accident, you will face serious criminal charges.
Although the prosecutor can choose to pursue a variety of different charges against you, depending on the circumstances of your accident, they all carry serious penalties.
A lawyer can help you make sense of the charges you face and explain how a conviction could affect you. Your lawyer can protect your legal rights and ensure that you have the best possible outcome in your case.
More importantly, when you choose the right DWI lawyer, you will send a powerful message to the prosecutor, that you intend to stand up for your rights and fight for your future.
Based on the potentially serious penalties you face, you should not attempt to fight this battle on your own.
What Kind of Penalties Result from DWI with Accident, Wreck or Injury?
The penalties you may face upon conviction for a DWI that led to an injury accident will depend on the specific aspects of your case. In addition to DWI charges, you will likely face additional charges for any injuries or damage that resulted.
In the Texas Penal Code, DWI charges result from having a blood alcohol concentration (BAC) between 0.08 and 0.14. If your BAC registered above that level, the charges will increase in severity as well.
The penalties for Texas DWI convictions are as follows:
First Offense: Class B Misdemeanor
- Potential jail sentence between 3 and 180 days
- Monetary fines up to $2,000
- Driver’s license suspension between 90 days and 1 year
- Driver’s license restoration fee up to $2,000 per year (for 3 years)
Second Offense: Class A Misdemeanor
- Jail sentence up to 1 year (minimum 72 hours)
- Monetary fines up to $4,000
- Driver’s license suspension up to 2 years (minimum 180 days)
- Driver’s license restoration fee up to $2,000 per year (for 3 years)
Third Offense: Third-Degree Felony
- Prison sentence up to 10 years (minimum 2 years)
- Monetary fines up to $10,000
- Driver’s license suspension up to 2 years (minimum 180 days)
- Driver’s license restoration fee up to $2,000 per year (for 3 years)
Aggravating factors, such as having a BAC of 0.15 or higher, having a child younger than 15 in the car, or having an open container of alcohol will lead to significantly harsher penalties in each case.
DWI Involving Accident, Injury, or Property damage
If you caused an accident while driving drunk, the prosecutor may pursue charges for destruction, reckless damage, or criminal mischief. Depending on the circumstances and the value of the damage, you may face charges in the first-, second-, or third-degree.
If injuries or fatalities result from a DWI involving an accident, the charges become even more severe, potentially earning you an intoxication assault or intoxication manslaughter charge.
What Are the Penalties for a DWI Involving an Injury Accident?
If a serious injury results from a DWI accident or wreck, the prosecutor will likely pursue DWI intoxication assault charges, a third-degree felony.
Potential penalties for an intoxication assault conviction are as follows:
- Up to $10,000 in fines
- 2 to 20 years in prison
- 2-year driver’s license suspension
- Community service
- Probation
- Ignition interlock device
- Alcohol abuse counseling
- Court costs and fees
If the injured party was a first responder in the dispatch of her duties, you will face second-degree felony charges.
What Are the Penalties for a DWI Involving an Injury Fatality?
If a fatality results from a DWI accident or wreck, the prosecutor will pursue intoxication manslaughter charges, a second-degree felony.
Potential penalties for a DWI intoxication manslaughter conviction are as follows:
- Up to $10,000 in fines
- 2 to 99 years or life in prison
- 2-year driver’s license suspension
- Community service
- Supervised probation
- Ignition interlock device
- Alcohol abuse counseling
- Court costs and fees
If the injured party was a first responder in the dispatch of her duties, you will face first-degree felony charges for intoxication assault.
What Defenses Will We Use to Fight a DWI with Accident or Injury?
When facing potential penalties of this magnitude, you need a lawyer to protect your rights and mount a strong case in your defense. In some cases, we can negotiate with the prosecutor to have your charges reduced or — ideally — dismissed.
Some potential strategies your lawyer may use to fight the charges hinge on the high burden of proof the prosecution must meet.
The prosecutor must prove in court that you were driving in a public place and that your level of intoxication at that time exceeded the statutory limits. The prosecutor must also prove that your intoxication caused the accident in question. If the prosecution is arguing intoxication assault or manslaughter, it must also prove the accident caused the injuries or fatality in question.
We might argue that you:
- Were not intoxicated.
- You did not cause the accident (e.g., you were intoxicated; however, the other driver’s negligence caused the accident).
- The accident did not cause the injury or death (e.g., you caused the accident, but the victim suffered injuries or died because she was not wearing a seat belt).
Possible problems with chemical testing for BAC offers further options that we can use in your defense.
For example, if the police failed to follow the National Highway Traffic Safety Administration (NHTSA) guidelines for BAC testing, the judge in your case may not allow the prosecution to present that evidence in court.
Call a DWI Lawyer in Garland Today
Look for a DWI lawyer who understands how the system works, and who will fight for your legal rights and your future.
Attorney Randall Isenberg, of the Law Offices of Randall B. Isenberg, has more than three decades of experience, not just as a defense lawyer but also as a felony prosecutor and a state district trial judge. His insider’s perspective gives him the knowledge and experience he needs to get the job done for you.
Contact us today to schedule your free consultation and case review: 214-696-9253.
