Upon conviction for felony DWI charges, you could go to jail for years or even decades, depending on the charges.
While Texas takes all DWIs very seriously, repeat offenders get no mercy from the legal system. Before you make any life-changing decisions, take a few minutes to talk to a felony DWI lawyer in Grand Prairie about your options.
The Law Offices of Randall B. Isenberg will provide a no-cost, no-obligation consultation, to answer your questions and help you make the right choice for your future. Call us today at 214-696-9253 to make an appointment.
What Are the Felony DWI Penalties in Grand Prairie?
In Grand Prairie, Texas, the prosecutor will charge you with a felony if you have two prior convictions for drunk driving. You will also face charges if you injure or kill someone while driving drunk.
Chapter 49 of the Texas Penal Code says that intoxication means testing at 0.08 or more in a chemical blood alcohol concentration (BAC) test. However, the police can charge you with DWI if they believe you lack adequate mental or physical ability to operate a motor vehicle.
The tests typically used to determine BAC include breath, blood, and urine tests. In Grand Prairie, the police most often use a breathalyzer test to determine intoxication levels. However, the police often exercise their option of requesting a blood test instead.
The penalties for felony DWI in Grand Prairie are as follows.
| Type of Charge | Penalties |
| First-Degree Felony (intoxication manslaughter of a first responder) | · 5 years to life (or 99 years) in prison
· Up to $10,000 in fines (plus court costs and fees) · Up to a 2-year driver’s license suspension · $1,000-$2,000 per year fee to reinstate driver’s license (for 3 years) |
| Second-Degree Felony (intoxication manslaughter, intoxication assault of a first responder) | · 2 to 20 years in prison
· Up to $10,000 in fines (plus court costs and fees) · Up to a 2-year driver’s license suspension · $1,000-$2,000 per year fee to reinstate driver’s license (for 3 years) |
| Third-Degree Felony (intoxication assault, 3rd or subsequent DWI offense) | · 2 to 10 years in prison
· Up to $10,000 in fines (plus court costs and fees) · Up to a 2-year driver’s license suspension · $1,000-$2,000 per year fee to reinstate driver’s license (for 3 years) |
| State Jail Felony (DWI with a child passenger) | · 6 months to 2 years in state jail
· Up to $10,000 in fines (plus court costs and fees) · 180-day driver’s license suspension · $1,000-$2,000 per year fee to reinstate driver’s license (for 3 years) |
In addition to these potential penalties, the judge may give you probation, up to 1,000 hours community service, required counseling or rehab, and require you to install an ignition interlock device on your car. You must also attend the state’s mandatory alcohol education program.
As a convicted felon, you will lose most of your civil rights, including the right to own or possess a gun. You will no longer have the right to hold a hunting or fishing license. You will also lose your right to vote.
Can a Felony DWI Lawyer at the Law Offices of Randall B. Isenberg Fight These Serious Charges?
Unless you are prepared to go to prison for many years, you need to find a felony DWI lawyer to help you. Your lawyer in Texas can ensure that you understand what your charges may mean for your future, and help you make the right decisions in your case.
Randall will also ensure the protection of your legal rights. Because repeat offenders and drunk driving accidents carry such a social stigma, you may struggle to get the full benefit of your legal rights without having an attorney.
We can use a variety of approaches for building your defense, depending on the evidence in your case. We will begin by looking for any violation of your legal rights during the traffic stop and arrest.
For example, the police must have reasonable suspicion that you have broken the law before they can stop your car. If your lawyer can demonstrate that the officers in your case did not have reasonable suspicion, the court could declare the traffic stop illegal.
Officers must also have probable cause for your arrest. To establish this, they might use field sobriety testing. If the officers neglected to follow the National Highway Traffic Safety Administration’s (NHTSA) field sobriety test protocol, we may successfully prove that the police lacked the necessary probable cause.
The NHTSA also has protocols that apply to chemical BAC testing. If the police or testing technician failed to follow these protocols, your lawyer may successfully challenge the validity of the prosecution’s evidence.
We may use any of these or other strategies to negotiate with the prosecutor to reduce the severity of your charges. However, even if the prosecutor will not consider reducing or dismissing the charges, Randall can present the strongest possible case for you in court.
How Does a Felony DWI Affect Your Driver’s License?
For a felony DWI arrest, you must attend an administrative license revocation (ALR) hearing. You must attend the hearing even if the prosecutor drops or reduces your charges.
During this civil proceeding, administered by the Texas Department of Public Safety (TxDPS), you must give sworn testimony about your arrest. The arresting officer in your case must also appear and give testimony, along with any other relevant witness.
An administrative law judge will determine, at the end of the hearing, whether you can keep your license.
Having a felony DWI lawyer to represent you at this hearing can provide several important benefits. First, your lawyer can protect you from saying anything while under oath that could jeopardize your hearing or that the prosecutor can use against you in your criminal case. Your attorney can also question the arresting officer under oath, to help determine what type of evidence the prosecutor has against you, and how strong the case may be.
Finally, in case the judge does suspend your license, your lawyer can argue or appeal your case or petition the court for a work-only license that will allow you to get to work or school and drive to necessary appointments and errands.
Call a Grand Prairie Felony DWI Lawyer Today
Talk to a knowledgeable felony DWI lawyer about your case before making any life-altering choices.
Attorney Randall Isenberg can bring over 30 years’ experience to your case. He has the insight necessary to understand how the prosecution will build its case, and he will work diligently to build the strongest possible case in your defense.
Contact the Law Offices of Randall B. Isenberg today to learn more, or to schedule your appointment with a felony DWI lawyer in Grand Prairie: 214-696-9253.
