Facing felony DWI charges in Texas can be particularly daunting, as the state’s laws aim to swiftly and severely penalize such offenses. We see you as an individual with rights, deserving vigorous defense regardless of past mistakes. Our Irving felony DWI lawyers bring over 30 years of experience to aggressively protect your future.
When you consult with our skilled Irving DWI lawyer team, we begin by assessing your situation to determine the potential for reduced sentencing, alternative penalties, or even dismissal or expungement of your case.
Trust the Law Offices of Randall B. Isenberg to dedicate ourselves to your defense, ensuring every legal avenue is explored to secure the best possible outcome.
Felony DWI Laws in Texas
As an Irving criminal defense lawyer, it is important to understand the distinctions within DWI offenses in Texas, especially when they escalate to felony charges. This is where our firm thrives.
While a first or second DWI typically falls under misdemeanor categorization unless it involves bodily harm or fatality, more severe scenarios can elevate the charges.
Felony DWI offenses in Texas include:
- Third or subsequent DWI,
- DWI with a child passenger,
- Intoxication assault,
- Intoxication manslaughter.
These enhanced charges can arise from various situations, such as repeated offenses, operating a motor vehicle with a minor passenger, or causing an accident that leads to serious injury or death.
Due to the escalated nature of the charges, each of these circumstances significantly increases the risk of facing prison time. We’ll explain your rights if you’re arrested for a DWI in Texas.
Traditional Penalties for a Felony DWI in Texas
Facing a felony DWI conviction in Texas, particularly in Irving, can lead to harsh penalties, deeply impacting your life and livelihood.
The severity of these DWI penalties hinges on the details of the alleged offense, including prior convictions, the extent of intoxication, and whether there were injuries or fatalities.
Fines
Felony DWI convictions can impose substantial financial burdens, with fines potentially escalating to tens of thousands of dollars depending on the specifics of the felony offense.
Imprisonment
A felony DWI often results in prison time, with the duration varying based on the degree of the felony. For instance, a third-degree felony DWI might lead to two to ten years in prison, while a first-degree felony could result in a sentence ranging from five years to life.
License Suspension
Those convicted of felony DWI typically face significant license suspensions, extending from 180 days to several years, depending on the gravity of the offense and any previous infractions.
Probation
Courts may also opt for probation, either as an alternative to or alongside imprisonment. Probation demands adherence to strict conditions, such as routine meetings with a probation officer, compulsory drug and alcohol screenings, participation in counseling or treatment programs, and a prohibition on alcohol use.
Mandatory Alcohol Education Programs
Mandatory participation in alcohol education or treatment programs is often required for those convicted of a felony DWI. These programs are designed to underline the dangers and consequences of impaired driving and might be necessary for probation fulfillment or license reinstatement.
These penalties are general; the actual consequences can vary depending on the specifics of each case and judicial discretion. It’s imperative to hire a proficient Irving felony DWI lawyer to understand the potential repercussions for your physical faculties and develop a strong defense strategy.
Third DWI as a Felony Offense
In Texas, being charged with a third DWI elevates the crime to a felony offense. The potential penalties for this serious charge are significant and can include:
- Imprisonment for two to ten years in a state facility,
- A maximum fine of $10,000,
- Suspension of your driving license for up to two years,
- Mandatory participation in an alcohol education program,
- An annual surcharge of up to $2,000 for license retention,
- Requirement to install an ignition interlock device (IID) in your vehicle.
DWI With a Child Passenger in Irving
In Irving, driving while intoxicated with a child under the age of 15 is classified as a felony DWI, regardless of whether there was an accident or if the child was harmed. This is according to Penal Code Chapter 49.
The potential penalties for this offense are severe and handled by our experienced criminal defense team. These penalties include:
- Incarceration ranging from 180 days to 2 years in the state jail division,
- A fine that may reach up to $10,000,
- Up to two years of license suspension,
- Enrollment in an alcohol education or intervention program,
- An annual surcharge of up to $2,000 is required to maintain your driver’s license, and
- The installation of an ignition interlock device (IID) in your vehicle.
Intoxication Assault: A Serious DWI Offense in Irving
An intoxication assault occurs when a DWI results in serious bodily injury to another person. Handled by an Irving felony DWI lawyer, this serious drunk driving offense is charged when the intoxicated driver’s actions lead to injuries that:
- Pose a substantial risk of death,
- Cause serious permanent disfigurement, or
- Result in prolonged loss or impairment of any bodily function or organ.
Such injuries can occur during various incidents, including collisions with another vehicle, striking a cyclist or pedestrian, or even crashing into an object that causes harm to the intoxicated driver’s own passenger.
Intoxication Manslaughter: A Grave DWI Offense
Intoxication manslaughter occurs when driving while intoxicated leads to the death of another person. This offense is classified as a second-degree felony.
For first-time offenders or those needing a custom defense strategy, understanding the potential penalties is critical. These can include:
- A prison sentence ranging from 2 to 20 years,
- A fine of up to $10,000,
- License suspension for up to 2 years, and
- An annual surcharge of up to $2,000 to retain the driver’s license.
Potential Defenses We Use to Beat Your Felony DWI Case
As your Irving felony DWI attorney, it’s important to understand the potential defenses that can be used in felony DWI cases. Different cases may require various strategies, but certain common approaches are frequently effective.
A qualified attorney can best assess which defenses are most appropriate by examining the specifics of your case.
Challenging the Traffic Stop
Questioning the legality of the traffic stop can be a robust defense, as officers need reasonable suspicion or probable cause to initiate a stop. If the stop was unjustified, it could result in the exclusion of evidence, potentially preventing jail time and additional penalties.
Questioning the Field Sobriety Tests
Field sobriety tests are prone to subjective interpretation and external influences. Disputing the accuracy of these tests can be critical, as it questions the grounds of your arrest and the likelihood of facing criminal charges and severe penalties.
Challenging the Breathalyzer or Blood Test Results
Breathalyzer and blood tests to measure BAC are not always reliable. Defenses may involve pointing out flaws in the test equipment, qualifications of the test administrator, or issues in the handling and storage of samples, thereby fighting the accuracy of evidence that could lead to jail time.
Questioning the Arresting Officer’s Conduct
Analyzing the conduct of the arresting officer can uncover rights violations or misconduct, which might invalidate the criminal charges. Proving officer misconduct could lead to reduced or dismissed charges, sparing you from additional penalties.
Challenging the Chain of Custody
Ensuring the integrity of the chain of custody for physical evidence like blood samples is important. A meticulous examination by your lawyer can reveal any mishandling or contamination, challenging the prosecution’s case and helping to avoid jail time and further penalties.
Alternative Sentencing May Be Possible Following a DWI Charge
When you’re charged with a felony DWI in Irving, it’s vital to consider all alternative sentencing options to soften the potential penalties and lessen the impact on your criminal record.
An experienced felony DWI lawyer in Irving will vigorously advocate for options that emphasize rehabilitation over punishment.
Drug and Alcohol Treatment Programs
Your attorney may push for your participation in drug and alcohol treatment programs as an alternative to incarceration. These programs aim to address the underlying issues of substance abuse, helping you develop healthier behaviors and coping mechanisms.
Probation
Instead of facing jail time, your lawyer may argue for probation. This option typically comes with conditions such as regular check-ins with a probation officer, attending counseling or support groups, and abstaining from alcohol and drugs.
It’s a priority to comply with these terms to avoid more severe consequences.
Ignition Interlock Devices (IIDs)
Your attorney might suggest the installation of an IID—a device similar to a breathalyzer installed in your vehicle that checks your blood alcohol content (BAC) before the car starts.
This can be proposed as an alternative to a more extended license suspension or as part of probation conditions.
Community Service
Another route your lawyer might take is negotiating community service as part of your sentencing. This allows you to contribute positively to the community while avoiding incarceration, with the court detailing the required hours and type of service.
House Arrest or Electronic Monitoring
Another possibility your lawyer might advocate for is house arrest or electronic monitoring, allowing you to serve your sentence at home. This method uses electronic devices to ensure you remain within authorized areas, providing a more manageable alternative to traditional jail time.
Exploring these alternative sentencing options depends on factors like your criminal history, the severity of the offense, and judicial discretion. Consulting with a skilled Irving DWI lawyer is essential to understanding which alternatives might be available and most suitable in your case.
Challenges of Representing Yourself in a Felony DWI Case
Handling your own defense in a felony DWI case is risky and can seriously impact your criminal record. While self-representation is legally permissible, it’s imperative to recognize the challenges and risks it involves.
- Intricacies of the legal system: DWI laws and courtroom procedures are complex. Without solid knowledge of the relevant laws, precedents, and legal protocols, you might find it difficult to effectively navigate your defense, potentially resulting in unfavorable outcomes.
- Communication and presentation challenges: Effective courtroom advocacy requires excellent communication and presentation skills. Self-representation could hinder your ability to clearly present arguments, cross-examine witnesses, and effectively introduce evidence, which might weaken your defense.
- Emotional bias: Facing felony charges personally can compromise your objectivity. Emotional involvement might cloud your judgment, making it tough to make strategic decisions that favor your case.
- Limited resources: Irving felony DWI attorneys have access to extensive resources that could benefit your case, including networks of expert witnesses and investigators. These professionals are a pillar in building a strong defense and working towards a favorable outcome.
Given these factors, consulting experienced Irving felony DWI attorneys is vital to protect your interests and pursue the best possible result in your case.
Get Immediate Legal Help With Your Felony DWI Charges Today
Choosing to hire legal representation can significantly affect the future of your criminal record. Hiring an Irving felony DWI lawyer is an important decision. Although it may involve a financial commitment, the cost is justified by the need for a competent defense to handle all the details of a DWI charge.
At the Law Offices of Randall B. Isenberg, we bring over 30 years of experience to your defense, understanding both the emotional and financial stakes. Contact us to protect your future and ensure that your case is handled with the experience necessary to achieve the best possible outcome.
