Being charged with a felony DWI can be a terrifying and isolating experience. With so much at stake, having the aggressive legal support of a top-rated felony DWI lawyer in Addison can be your greatest advantage in reducing or eliminating your charges. The Law Offices of Randall B. Isenberg serves throughout the DFW metroplex, starting with a free consultation.
Our Addison Criminal defense lawyers are well-versed in these types of cases and know what questions to ask, what evidence to analyze, and what defenses to use to help the outcome of your case. From the moment that you speak to us, we will be fighting on your behalf.
A felony DWI is typically a result of specific circumstances and factors that elevate the offense from a misdemeanor to a felony. The exact criteria for felony DWI can vary depending on the jurisdiction in Texas, but common factors that can lead to a felony DWI charge include:
Multiple Offenses
A felony DWI can be the result of having multiple prior DWI convictions or a certain number of prior alcohol-related driving offenses within a specified period. The specific number of prior offenses required to elevate the charge to a felony can vary by jurisdiction.
Aggravating Factors
Certain aggravating factors can contribute to a DWI offense being classified as a felony. These factors often include driving with an extremely high blood alcohol concentration (BAC) level, causing serious injury or death while driving under the influence, driving with a suspended or revoked license due to a prior DWI, or having a minor passenger in the vehicle at the time of the offense.
Prior Felony Convictions
In some jurisdictions, a DWI offense can be elevated to a felony if the individual has prior felony convictions on their criminal record, regardless of the specific nature of those convictions.
Enhanced Penalties
Some states have laws that allow for enhanced penalties for DWI offenses based on factors such as high BAC levels, refusal to submit to chemical testing, or driving under the influence with a child in the vehicle.
What Happens After Being Charged with a Felony DWI
The specific process can vary depending on the jurisdiction and individual circumstances. If you are charged with a felony DWI, seeking the guidance of an experienced felony DWI attorney serving Addison, TX, is crucial.
Our team will help you navigate each step of the legal process, which may consist of the following:
- Arrest and booking: After being charged with a felony DWI, you will likely be arrested by law enforcement officers. You will be taken into custody and processed, which involves fingerprinting, taking your photograph, and recording personal information. You may also be required to provide a breath, blood, or urine sample for testing.
- Initial court appearance: Following your arrest, you will have an initial court appearance, known as an arraignment. During this hearing, you will be formally informed of the charges against you, and you may enter a plea of guilty, not guilty, or no contest. The court will also address matters such as bail and the appointment of legal representation.
- Pretrial proceedings: If you plead not guilty, the case will proceed to pretrial proceedings. This stage involves various legal processes, including discovery, where the prosecution and defense exchange evidence and information. Your defense attorney will review the evidence, assess the strengths and weaknesses of the case, and develop a defense strategy.
- Negotiations and plea bargaining: In some cases, negotiations and plea bargaining may occur between your defense attorney and the prosecution. This involves discussions to potentially reach a plea agreement that could result in reduced charges or penalties. However, whether to accept a plea bargain is ultimately your decision as the defendant.
- Trial: If a plea agreement cannot be reached, the case will proceed to trial. The trial will involve presenting evidence, examining witnesses, and making legal arguments. The prosecution must prove your guilt beyond a reasonable doubt for a conviction. The jury or judge will then render a verdict.
- Sentencing: If you are found guilty or plead guilty, the court will proceed to sentencing. Felony DWI convictions typically carry harsher penalties compared to misdemeanor offenses. Sentencing may include fines, probation, mandatory alcohol education or treatment programs, community service, suspension or revocation of a driver’s license, and, in some cases, imprisonment.
Legal Defenses That Lessen or Eliminate Felony DWI Charges
Even for major cases, there may be ways for your Addison felony DWI lawyer to reduce or challenge the charges. Effective legal approaches like the following have been successful at positively impacting a case:
- Improper stops: If the traffic stop lacked “probable cause” that a crime occurred, evidence from it could potentially be thrown out. That may dismantle the case.
- Rights violations: Any violations of your constitutional rights during arrest or investigation could form a basis for dismissal.
- Faulty testing: Field sobriety and chemical tests have to be done right. Challenging issues with administration or accuracy could weaken the prosecution’s case.
- Negotiation: In some situations, legal negotiation directly with the prosecutors could lead to pleading to a less serious charge.
- Rehabilitation: Showing commitment to substance abuse treatment shows accountability. In Texas, that can sometimes lead to more favorable outcomes.
While felony DWI charges should never be taken lightly, experienced criminal firms like ours know how to navigate the complexities specific to Texas law. We can dig into the details of your case to build defenses and negotiate effectively on your behalf.
Weigh the Pros and Cons of Hiring a Felony DWI Lawyer in a Free Consultation
A free consultation with an experienced felony DWI lawyer in Addison, TX, can provide invaluable insight into your specific situation. During the consultation, you can discuss the details of your case, including the evidence against you, potential defenses, and the possible outcomes.
By consulting with The Law Offices of Randall B. Isenberg, you can gain a better understanding of the legal process, the strength of your defense, and the potential consequences you may face.
Additionally, our attorneys can provide guidance on navigating complex legal procedures, negotiating with prosecutors, and protecting your rights. Take advantage of a free consultation to make an informed decision, and contact us today.
