If you drink and drive in Texas, you face harsh penalties. If you cause an accident or injury while driving drunk, you could go to jail for decades, or even for life.
If you face drunk driving accident or injury charges, do not attempt to fight the battle alone. Discussing your situation with a DWI involving an accident, wreck, or injury lawyer in Rockwall allows you to protect your future and fight for a favorable outcome in your case.
Contact the Law Office of Randall B. Isenberg today for help at 214-696-9253.
Can a Lawyer Help You with a DWI Involving a Crash or Injury?
The Texas statutes make causing an accident while driving drunk a serious crime, especially if the accident seriously injured or killed someone.
The specific charges you face will depend on the specifics of your DWI accident, your blood alcohol concentration (BAC) at the time of your arrest, and your prior criminal record. However, every DWI accident charge carries serious time behind bars as well as monetary fines and driver’s license suspension.
Talking to a lawyer can help you understand the serious nature of the charges pending against you and what level of penalties you potentially face. Your lawyer will help protect your legal rights as well as your freedom and your future.
For a DWI involving an accident or injury, the prosecutor will try to convince you to accept a plea bargain as a way to minimize your jail or prison time. However, having a conviction on your record for this serious crime will leave you with a permanent record, potentially affecting your ability to get a job, rent a house, or get car insurance for the rest of your life — complications the prosecutor is unlikely to mention.
Your lawyer can fight for your future and offer you the best possible outcome in your case.
Will I Go to Jail for a DWI with a Wreck or Injury?
Upon conviction for this serious crime, you will go to jail or possibly even prison.
But, if you drove drunk and caused damage, injury, or death in an accident, you could face even more serious charges.
If you operate a motor vehicle in a public place with a BAC of 0.08 or above, you will face DWI charges. If your BAC exceeds 0.15, you will face much more serious charges.
If you cause damage, injury, or death, the penalties grow exponentially harsher.
Basic Texas DWI charges carry the following penalties:
First Offense DWI
- Class B misdemeanor
- From 3 to 180 days in jail
- Up to $2,000 in fines
- Driver’s license suspension of 90 days to 1 year
- Annual $2,000 driver’s license reinstatement fee (for 3 years)
Second Offense DWI
- Class A misdemeanor
- From 30 days to 1 year in jail
- Up to $4,000 in fines
- Driver’s license suspension of 180 days to 2 years
- Annual $2,000 driver’s license reinstatement fee (for 3 years)
Third Offense DWI
- Third-degree felony charge
- From 2 to 10 years in prison
- Up to $10,000 in fines
- Driver’s license suspension of 180 days to 2 years
- Annual $2,000 driver’s license reinstatement fee (for 3 years)
If you had an open container at the time of the accident, or if you had a minor child (14 or under) with you, you will face more severe penalties. If you had a BAC of 0.15 or above, your penalties could double.
DWI with Property Damage, Injury, or Fatality
For a DWI charge involving a wreck with property damage, you may face charges of reckless damage, destruction, or criminal mischief, which are felony charges.
If a drunk driving accident causes injuries or a fatality, you will face intoxication assault or intoxication manslaughter charges.
Intoxication assault charges, a third-degree felony, means 2 to 10 years in prison, up to a $10,000 fine, and a 2-year suspension of your driver’s license. You will also likely get probation and up to 1,000 hours of community service, in addition to your prison time. The judge will likely also require you to install an ignition interlock on your vehicle.
If someone dies because of your accident, you will face second-degree felony intoxication manslaughter charges. This means $10,000 in fines, two to 20 years in prison, a 2-year driver’s license suspension, supervised probation, up to 1,000 hours of community service, and an ignition interlock device.
If the victim was a first responder, you will face elevated charges.
In every case, you must also pay court costs and fees and likely attend substance abuse or alcohol education classes.
You will also have a permanent criminal record, which will show up whenever someone runs a background check on you. This means that, even after you do your time and pay your fines, you may struggle to get a job or rent an apartment.
How Can a Lawyer Contest Charges for DWI with Wreck or Injury?
Fortunately, when you face charges this severe, the prosecution has a high burden of proof. Consequently, your lawyer can identify potential vulnerabilities in the evidence, or mistakes the police made in handling your arrest.
Using this information, your DWI lawyer can negotiate to reduce or even drop the charges.
Although the legal strategies your attorney uses to build your case will depend on the facts of your arrest, lawyers have a number of go-to strategies when fighting charges for a DWI involving an accident, wreck, or injury.
The most common argument in any DWI case involves the BAC testing for intoxication.
The prosecution must prove beyond a reasonable doubt that your BAC was equal to or above the statutory minimum for DWI at the time you caused the accident (not after when you underwent testing). It must also prove that your accident or wreck caused the damage or injuries in question.
The equipment used to measure your BAC must comply with all requirements for testing, maintenance, and calibration. The testing technician must have been duly certified and qualified to administer the test.
Call a DWI Accident, Wreck or Injury Lawyer in Rockwall Today
Having a DWI lawyer on your side can mean the difference between freedom and decades in prison, if your DWI involved an accident with serious injuries or a fatality.
Your attorney can provide support and counsel, and stand by your side to help you deal with what may arguably be the most frightening and confusing experience of a lifetime.
At the Law Offices of Randall B. Isenberg, Attorney Randall Isenberg can offer you more than 30 years of experience, not only as a Rockwall DWI lawyer but also as a district court judge and chief felony prosecutor.
Let Attorney Isenberg put that experience to work for you. Contact us today for a free consult: 214-696-9253.
