A felony DWI lawyer in McKinney can defend your rights and determine the best approach for your defense. DWI attorney Randall Isenberg will put his more than 30 years of experience in the Texas criminal justice system to work on your behalf.
In McKinney, a felony DWI conviction will put you in jail for at least six months, but potentially up to 99 years (or life). You will face a monetary fine as high as $10,000 and you could lose your driver’s license for years. And, this conviction will remain on your permanent record.
Call us today at (214) 800-5859 for help.
Why Am I Facing Felony Charges?
Under the Texas statutes, you will face felony drunk driving charges if you have two prior DWI convictions. You will also face felony DWI charges if you caused an accident that injured someone or if a person died in an accident your intoxication caused.
A DWI lawyer can protect your rights and fight these serious charges.
How Serious are the Penalties for a Felony DWI in McKinney?
The laws that govern felony drunk driving charges in McKinney, TX, found in the Texas Penal Code (TPC), establish a BAC of 0.08 or above as the threshold for DWI. While you qualify for felony charges if you have two DWI convictions on your record, you also qualify if you have one prior intoxication manslaughter conviction.
You will also face felony drunk driving charges if you had a minor passenger (an individual under the age of 15) when you drove drunk.
Based on your criminal record and the details of your drunk driving arrest, the prosecutor can pursue charges ranging from a state jail felony to a first-degree felony.
| Offense | Penalties |
| State jail felony (DWI with child passenger) | Between 6 months and 2 years in state jail
$10,000 fine Loss of license for up to 1 year |
| Third-degree felony (two previous DWI convictions, intoxication assault) | 2 (minimum) to 10 years behind bars
$10,000 fine Loss of license for up to 2 years |
| Second-degree felony (intoxication manslaughter, intoxication assault of a first responder) | 2 (minimum) to 20 years in behind bars
$10,000 fine Loss of license for up to 2 years |
| First-degree felony (intoxication manslaughter of first responder) | 5 (minimum) to 99 years (or life) in behind bars
$10,000 fine Loss of license for up to 2 years |
You will also pay all court costs and fees and the cost of any mandated alcohol safety courses, treatment, or counseling. The court will require you install a breath-activated ignition lock on your vehicle and you will likely face supervised probation and up to 1,000 hours of community service.
Once your driver’s license suspension period ends, you must pay a $1,000-$2,000 fee each year for three years to maintain your license in active status.
A felony DWI also leaves a permanent mark on your criminal record, which anyone can see if they perform a background check. This can interfere with your ability to rent a home or get a job, and it disqualifies you from holding many types of professional licenses. You will lose certain rights, such as voting, sitting on a jury, or possessing a firearm.
What Can a Felony Drunk Driving Lawyer Do for You?
Unless you are prepared to spend months or years in prison or state jail, you must explore your options for fighting felony drunk driving charges.
The Law Offices of Randall B. Isenberg provides representation to clients accused of felony DWI in McKinney. We will ensure the protection of your legal rights and help you explore all available options.
Our legal team will begin by obtaining and analyzing all available information and evidence in your case. We will look for potential violations of your constitutional rights and possible errors committed by the police or chemical blood alcohol concentration (BAC) testing personnel.
We can use any potential issues we find to negotiate for reduced charges or to petition the court for case dismissal. Or, if necessary, we will use this information in court as a part of your criminal defense.
Because the prosecution must prove your guilt beyond a reasonable doubt to obtain a felony DWI conviction, we can use a number of strategies to introduce this reasonable doubt.
For example, if the arresting officers in your case failed to follow the National Highway Traffic Safety Administration‘s (NHTSA) field sobriety testing guidelines, they may not have had probable cause to arrest you.
Likewise, if the breathalyzer testing in your case did not comply with the NHTSA standards, or if the equipment or technician lacked proper certification, the court could disallow the BAC evidence.
Our legal team will select the most appropriate legal strategies based on the details of your case, to ensure that we build the best possible case on your behalf.
Is There a DMV Suspended License Hearing Required for Felony DWI?
Any time the police arrest you for drunk driving, felony or misdemeanor, you must attend a hearing to determine whether you will lose your driver’s license.
This proceeding is known as Administrative License Revocation (ALR). Separate from your criminal charges, this is a civil process conducted by the Texas Department of Public Safety (TxDPS).
To fight the revocation of your license, you must request your ALR hearing within 15 days. Otherwise, TxDPS automatically suspends your license in 40 days’ time.
At your hearing, you must give sworn testimony before an administrative law judge. The arresting officer will also give testimony. We will represent you at the ALR hearing, protect your legal rights, and ensure that you do not provide the prosecution with any evidence it can use in your criminal trial.
Schedule a No-Cost Case Review with a McKinney Felony DWI Lawyer
The sooner you can talk to a felony drunk driving lawyer about your case, the better your knowledge and understanding of the charges will be.
The Law Offices of Randall B. Isenberg will provide a complimentary consultation to answer any questions you may have and to help you make an informed decision for your future.
Randall Isenberg brings experience as both a state judge and chief felony prosecutor as well as a criminal defense attorney.
Contact our office today at (214) 800-5859 to put that knowledge, insight, and experience to work for you.
