Being arrested for felony DWI in Balch Springs, TX is a serious situation that can have severe consequences. In addition to the fines and potential jail time, a felony DWI conviction can also be a negative mark on your personal and professional reputation. Our Balch Springs, TX felony DWI lawyer can build a case in your defense.
Our lead attorney, Randall B. Isenberg, has served as both a chief felony prosecutor and a state district judge. He has over 30 years of experience helping clients stand up to their accusers.
How Can Our Balch Springs Felony DWI Lawyer Help You?
When you work with our Balch Springs DWI lawyer, they will take on all aspects of your case. The Law Offices of Randall B. Isenberg will use our experience to create a comprehensive plan for fighting the felony DWI charges against you. This may include:
- Gathering evidence – We will look for any eyewitness or documentary evidence that will counter the prosecution’s claim that you were driving while intoxicated.
- Examining the police report – We will thoroughly review the police report for inconsistencies regarding why you were stopped or improper conduct during your arrest.
- Forensic examination – Reviewing your blood or breathalyzer test results to make sure it was properly administered, and the machines used for the test(s) were in proper working order.
- Representing you in negotiations with the prosecution – In some cases, felony DWI charges can be reduced through negotiations with the District Attorney. We will fight on your behalf to get a fair resolution from these negotiations.
- Preparing you for trial – If negotiations are unsuccessful, we will prepare you, and any witnesses who will testify on your behalf, for the trial.
- Representing you at trial – We will prepare opening and closing arguments in your case, submit evidence to the court that bolsters your claim, and cross-examine prosecution witnesses.
The jury must find you guilty beyond a reasonable doubt for the prosecution to win their case. Our team will fight to create that reasonable doubt, and if we are successful, we may lower the chances of you being convicted. It may also give us leverage to negotiate for reduced charges and penalties such as having a felony charge reclassified or even getting your case dismissed entirely.
Penalties for a Balch Springs, TX Felony DWI Conviction
The state of Texas has several different classifications for felony DWI convictions. The classification given to your case will depend on the circumstances surrounding your arrest and whether anyone was hurt. The potential penalties for felony DWI convictions are listed below:
- 1st Degree Felony: 5-99 years of incarceration and a $10,000 fine
- 2nd Degree Felony: 2-20 years’ incarceration and $10,000 fine
- 3rd Degree Felony: 2-10 years of incarceration and a $10,000 fine
These penalties are outlined in Texas Penal Code § 12.04. If you face these charges, our Balch Springs, TX felony DWI attorney can defend you.
Other Potential Complications With Felony DWI Convictions
Some felony DWI convictions cannot be expunged from your criminal record. After you’re convicted, you may be barred from applying for certain professional licenses or accreditations (e.g., law license, real estate license, contractor’s license). You may also lose any professional accreditation or licenses you had prior to the conviction because not having any felony convictions is a condition of holding many of these licenses.
So, even after you serve your time and pay your fines, a felony DWI conviction can negatively impact your earning potential. It can also complicate your ability to gain or retain custody of your child in a custody dispute. These are all reasons to seek the help of a lawyer to defend against the charges against you. A felony DWI attorney from the Law Offices of Randall B. Isenberg can help.
Our Felony DWI Lawyer Can Help You Keep Your License
If you are charged with felony DWI, your driver’s license can be suspended by the Texas Department of Public Safety (DPS) through their Administrative License Revocation (ALR) Program. However, you can fight the suspension. The ALR process involves:
- Taking a field sobriety test
- If you refuse to take a sobriety test, the officer will suspend or disqualify your license
- You will have 15 days to request a hearing against your license being revoked
- If you do not request a hearing, your license will be suspended after 40 days of you receiving the suspension notice
A Balch Springs felony DWI lawyer from our firm can request this hearing and represent you there. The prosecution’s case is presented as evidence in this hearing. That allows us to isolate any inconsistencies or errors in their case and use them in your defense at the criminal trial.
What Is Felony DWI in Balch Springs, TX?
According to Texas Penal Code § 49.01, driving while intoxicated is defined as “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.”
In many cases, a first or second DWI arrest is classified as a misdemeanor. However, certain aggravating circumstances can raise the severity of a DWI charge to a felony. These circumstances include, but are not limited to:
- Being arrested and charged with DWI with a child under the age of 15 in the vehicle
- Being charged with DWI for causing an accident that led to serious bodily injury (intoxication assault) or death (intoxication manslaughter)
It’s also important to note that you can be charged with felony BWI for driving a watercraft (e.g., motorboat, sailboat, jet-ski) while intoxicated.
Contact Our Balch Springs, TX Felony DWI Lawyer
If you’ve been charged with a felony DWI in Texas, the decisions you make in how to face those charges and who you choose as an attorney will go a long way towards determining the outcome. Remember, a charge isn’t a conviction. You have the chance to fight those charges.
The Law Offices of Randall B. Isenberg is ready to fight for you. Remember, the clock is ticking. Regardless of when your trial is, you only have a limited amount of time to maintain your license. Call us to see how a Balch Springs, TX felony DWI lawyer can help you.
