If you face charges of DWI involving an accident, wreck, or injury, you could face serious felony charges, substantial fines, probation, community service, and alcohol education or counseling. You might even lose your driver’s license for up to two years.
You don’t have to face these charges alone. A DWI injury accident lawyer in Richardson, Texas can help you. Call the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule a no-cost consultation and case analysis.
DWI Accident, Wreck, or Injury Charges in Richardson, Texas
The specific charges you face in relation to your accident will depend on a variety of conditions.
Circumstances of Your Arrest
According to Texas Penal Code, intoxication is having a blood alcohol concentration (BAC) of 0.08 or above. However, if the chemical test indicated a BAC of 0.15 or above, you might face increased charges.
Also, if you had a minor passenger in your vehicle at the time of the accident or an open container in your car, you may face additional criminal charges.
Prior Criminal Record
The severity of the charges you will face for a DWI involving an accident, wreck, or injury also depends on whether this is your first offense DWI, second offense DWI, or a subsequent offense. The more convictions you have, the more serious your charges will be.
DWI Accident with Property Damage
For a drunk driving accident with property damage, you face the standard level of DWI charges as well as potentially criminal mischief, reckless damage or destruction charges.
Potential DWI Accident, Wreck, or Injury Penalties
Either one of the two types of accidents outlined below may apply to your circumstances. Meeting with a legal team can help you determine your options and have key questions answered before going to court.
DWI Accident or Wreck with Injury: Intoxication Assault
Intoxication assault charges might apply if you caused an accident while driving drunk that led to serious bodily injury to the victim. Upon conviction for this offense, you can face a minimum penalty of:
- Two to 10 years in prison
- Monetary fine up to $10,000
- Up to two years’ driver’s license suspension
The judge may also impose community supervision (probation), community service, substance abuse counseling, or a rehabilitation program.
DWI Accident with Fatality: Intoxication Manslaughter
If the victim in your drunk driving accident dies from his or her injuries, the prosecutor will have the option to pursue a conviction for DWI intoxication manslaughter. The penalties associated with this charge include:
- Two to 20 years in prison
- Monetary fine up to $10,000
- Up to two years’ driver’s license suspension
Legal Defense Strategies for DWI Involving an Accident or Injury
The prosecutor may try to convince you to plead guilty, suggesting it could help minimize your time behind bars and get this nightmare behind you. Before you make any such decision, however, discuss your options with a DWI involving an accident, wreck, or injury lawyer in Richardson, Texas.
At the Law Offices and Randall B. Isenberg, we utilize a variety of defense strategies on behalf of our clients, depending on the circumstances of the case. If we can identify specific violations of your legal rights, we can potentially use this information to convince the prosecutor to reduce or even dismiss your charges. Common legal defense strategies we might employ include:
Improperly Conducted BAC Testing
Breathalyzer testing for BAC must comply with established standards, including training and certification of the testing technician; maintenance, testing, and calibration of the testing equipment; and protocols for the testing itself. If the police or technician failed to follow any of these protocols, the subsequent evidence might be inadmissible in court.
Faulty BAC Test Results
Many factors can affect breathalyzer testing outcomes, including medications, recently consumed food or beverages, and even your mouthwash. If we can demonstrate that confounding factors were present, we may successfully argue that the BAC test results lack validity.
Inability to Prove Causation
The prosecution must also prove beyond a reasonable doubt that your drunk driving caused the accident in question and that the crash caused any subsequent damage or injury.
Whatever strategies we elect to use, our team will protect your legal rights, answer all your questions, and ensure you have the information you need to make the right decisions in your case.
Consult a DWI Accident Injury Lawyer in Richardson for Free
Conviction of a drunk driving offense can seriously affect your future. Before you make any decisions about your case or give a statement to the police, contact the Law Offices of Randall B. Isenberg for a no-cost, no-obligation case evaluation.
Our legal team is here for you. If you are facing charges for a DWI involving an accident or injury, do not wait to contact legal counsel. To schedule your complimentary consultation with a felony DWI lawyer, call us today at 214-696-9253.
