Felony charges for driving while intoxicated (DWI) can result in fines, jail time, and a license suspension. Fortunately, you can stand up to these charges with a Rockwall felony DWI lawyer from our team at the Law Offices of Randall B. Isenberg.
A Rockwall DWI lawyer can provide you with comprehensive legal representation designed to help with every aspect of your defense. We listen to our clients and always put them first, taking charge immediately after an arrest.
Call or fill out our online contact form to learn more.
How Can a Lawyer Help You Fight Felony DWI Charges?
A felony DWI conviction can send you to prison for years. Fortunately, a Rockwall criminal defense lawyer can represent you and fight for your future.
In addition to protecting your legal rights, your lawyer will ensure that you understand the charges pending against you and your options for fighting them. This information will help you make informed decisions for your future.
Your attorney will go to work immediately, carefully examining all the evidence in your case. After identifying any weaknesses or errors, we can use this information to leverage negotiations with the prosecutor. This step may convince the prosecutor to reduce or even dismiss the charges.
What Defenses Work for Rockwall DWI Charges?
Some of the most common challenges to felony DWI charges include a lack of reasonable suspicion for a traffic stop and a lack of probable cause for blood alcohol concentration (BAC) testing. A criminal defense attorney in Rockwall County may focus your defense on showing:
Lack of Reasonable Suspicion
The police need reasonable suspicion before they can pull you over. If that was not the case in your traffic stop, your Rockwall DWI lawyer may succeed in having any evidence gathered disallowed.
Lack of Probable Cause
The police must follow established guidelines for field sobriety testing. If the officer in your case failed to follow the National Highway Traffic Safety Administration (NHTSA) guidelines for field sobriety testing, the court may disallow any subsequent evidence.
BAC Testing Flaws
The police must perform all BAC testing per the NHTSA chemical testing standards. If your testing fails to comply, your lawyer may convince the judge to throw out any results.
Your lawyer will customize the defense strategy for your case based on the details of your case. Because the prosecution has a high burden of proof, your attorney will focus on establishing reasonable doubt as to your guilt.
What Is a Felony DWI in Texas?
Drivers accused of driving with a blood alcohol concentration (BAC) of 0.08 or more may face charges for a DWI. However, the police can press charges for DWI as long as an officer believes you lack the mental or physical capacity to operate a vehicle.
However, the court handles most of these charges as misdemeanors. Generally, to elevate your charges to felony DWI, one of the following conditions must be true:
- You have two previous convictions for DWI OR
- You injured or killed someone in an accident you caused OR
- You had a child passenger in the vehicle with you at the time of your DWI arrest
Your criminal defense attorney can help if you face accusations for any of these actions. We provide comprehensive legal representation to help clients deal with challenging situations.
What Penalties Will You Face for a Felony DWI in Rockwall?
The penalties for a felony DWI conviction depend on how the prosecution charged you for the offense. The statutory penalties for each type of charge are as follows:
State Jail Felony
You may face this kind of charge if the police accuse you of a DWI with a passenger under 15 in Rockwall County. Convictions can result in:
- Up to 2 years in state jail
- $10,000 fine
- A six-month suspension of your driver’s license
We understand the harsh penalties associated with this accusation and stand ready to represent you.
Third-Degree Felony
A third DWI arrest or a DWI resulting in an injury could lead to this kind of charge. A conviction could leave you facing:
- 2 to 10 years in prison
- $10,000 fine
- 2-year suspension of your driver’s license
- $2,000 per year license reactivation fee (for three years)
You can learn more about this kind of accusation today with a risk-free initial consultation.
Second-Degree Felony
Some individuals face second-degree felony DWI charges for accidents involving the injury of a peace officer, firefighter, or EMT. The court also uses these charges for some deadly DWI accidents. The court in Rockwall County could sentence you to:
- 2 to 20 years in prison
- $10,000 fine
- 2-year suspension of your driver’s license
- $2,000 per year license reactivation fee (for three years)
Your attorney can help you handle these serious charges today.
First-Degree Felony (Accident Involving Death of Peace Officer, EMT, Firefighter)
Finally, drivers can face first-degree felony charges for accidents involving the death of an EMT, peace officer, or firefighter. These situations can result in:
- 5 to 99 years or life in prison
- $10,000 fine
- Two-year suspension of your driver’s license
- $2,000 per year license reactivation fee (for three years)
The court will likely also require you to pay court costs, attend alcohol education courses, and install an ignition interlock device on your car. The judge may also impose up to 1,000 hours of community service, require you to go to rehab or counseling, and sentence you to extensive supervised probation.
Your felony DWI conviction will remain on your record permanently, affecting your ability to get a job or rent an apartment. And, as with any felony conviction, you will lose many of your civil liberties, such as the ability to own or possess a firearm.
You can meet these charges head-on with legal representation from our law firm in Rockwall County. Our legal team can discuss the specific charges you face during our initial consultation and discuss defense options from that point.
Is an ALR Hearing Required for a Felony DWI?
All DWI arrests in Rockwall, including those classified as felonies, trigger the Administrative License Revocation (ALR) process. This administrative (civil) process is separate from the criminal component of your case.
Upon a DWI arrest, the police seize your license and issue you a temporary permit to drive. Within 15 days, you must request a formal ALR hearing from the Texas Department of Public Safety (TxDPS). If you fail to request your hearing, TxDPS will suspend your license.
An administrative law judge will oversee your ALR hearing and hear sworn testimony from the arresting officer and any other witness with evidence. You will also provide testimony under oath, any of which the prosecutor can use against you in your criminal case.
Can a Lawyer Help With Your ALR Hearing?
A Rockwall ALR suspended license lawyer can represent you and ensure you do not offer any information that could harm your case. Our legal team takes these hearings seriously and strives to protect your driving privileges.
More importantly, the ALR hearing will allow your attorney to question the arresting officer under oath and learn what evidence the prosecution has. This information provides critical insight to help your lawyer build a stronger case for your DWI defense.
Why Hire Our Criminal Defense Team?
Randall Isenberg has over 30 years of experience as a criminal defense lawyer, state district court judge, and felony prosecutor. This unique insider’s perspective gives him the knowledge and insight to help you fight the charges against you.
We believe in building an aggressive defense for each client we represent. We’ll walk you through each step of the legal process and focus on options like getting your charges reduced or dismissed. We’re also confident enough to represent you in court for felony offenses.
Call a Felony DWI Lawyer in Rockwall Today
Contact a Rockwall felony DWI lawyer as soon as possible after an arrest. It’s important to discuss your legal defense before you answer any questions or provide any information to the police or prosecutor.
The Law Offices of Randall B. Isenberg offers free consultations and case reviews to answer your questions and help you make an informed decision. You can call or fill out our online contact form to build a strong DWI defense.
