Are you facing the serious charge of felony DWI in Rowlett, Texas? When your future hangs in the balance, it’s crucial to have an experienced felony DWI lawyer by your side.
We are dedicated to providing relentless advocacy for individuals charged with felony DWI offenses in Rowlett and the surrounding areas.
Our team of reputable DWI lawyers in Rowlett understands the gravity of a felony DWI charge and the potential consequences it carries. We work tirelessly to challenge the evidence presented against our clients, aiming to have charges reduced or even cleared entirely. Your reputation matters to us, and we strive to protect it throughout the legal process.
We offer free case evaluations, where we will carefully assess the details of your situation and provide you with an honest assessment of your legal options. Our goal is to provide you with the information you need to make informed decisions about your case.
Understanding the Difference Between a DWI and a Felony DWI in Texas
In Texas, there are significant differences between a DWI (Driving While Intoxicated) charge and a Felony DWI charge. Our Rowlett criminal defense lawyers explain the distinctions:
DWI (Driving While Intoxicated)
A DWI in Texas typically refers to a misdemeanor offense. It occurs when a person operates a motor vehicle in a public place while impaired due to the consumption of alcohol, drugs, or a combination of both. The key points to note about a DWI are:
- Penalties: A first-time DWI offense is usually a Class B misdemeanor, which can result in a fine of up to $2,000, a jail term between 72 hours and 180 days, and a driver’s license suspension of up to one year. Subsequent DWI offenses can lead to more severe penalties.
- Enhancements: Certain aggravating factors can enhance the penalties for a DWI. For instance, if a person’s blood alcohol concentration (BAC) is 0.15% or higher, it can lead to a Class A misdemeanor charge, resulting in increased fines and potential jail time.
- Driver’s License Implications: A DWI conviction can lead to the suspension or revocation of the offender’s driver’s license, typically for a specific period.
Felony DWI (Intoxication Assault or Intoxication Manslaughter)
Felony DWI charges in Texas are more serious and involve cases where the intoxication while driving leads to significant harm or the wrongful death of another person. There are two primary felony DWI charges:
- Intoxication assault: This charge applies when an intoxicated driver causes serious bodily injury to another individual. It is a third-degree felony, punishable by a prison term ranging from two to 10 years, fines up to $10,000, and potential license suspension.
- Intoxication manslaughter: This charge arises when an intoxicated driver causes the death of another person. It is a second-degree felony, carrying a prison sentence of two to 20 years, fines up to $10,000, and potential license suspension.
However, repeat DWI offenses or certain aggravating factors can also elevate a DWI to a felony charge, depending on the circumstances and the individual’s prior criminal record.
Do Any of These Winning Defenses Apply to Your Felony DWI Case?
When facing a felony DWI charge, there are several potential defenses that a skilled attorney may explore to challenge the accusations against you. While every case is unique, consider if any of these common defenses apply to you:
- Questioning the accuracy of breath or blood tests: Breathalyzer or blood tests are often used as evidence in DWI cases. Your attorney may examine the procedures followed during testing, the calibration of the equipment used, and the qualifications of the individuals administering the tests. If there were errors, they can be challenged.
- Raising issues with field sobriety tests: Field sobriety tests (FSTs) are subjective assessments of a driver’s physical and cognitive abilities. Your attorney can question the reliability of FSTs, highlighting factors that may have influenced your performance, such as medical conditions or physical limitations that could have impacted your coordination.
- Establishing a rising blood alcohol defense: It takes time for alcohol to be fully absorbed into the bloodstream. If there was a significant delay between the time you were driving and the time of the breath or blood test, your attorney may argue that your BAC was below the legal limit while driving but increased during the intervening period.
- Challenging the field sobriety test administration: Your attorney may examine whether the field sobriety tests were administered correctly according to standardized protocols. Any deviations from the proper procedures could undermine the validity of the test results.
- Exploring constitutional violations: If your constitutional rights were violated during the arrest or throughout the legal process, such as unlawful search and seizure or improper Miranda warnings, your attorney can seek to suppress evidence obtained as a result of these violations.
Trusted Felony DWI Lawyers in Rowlett, TX
When you choose the law firm of Randall B. Isenberg to represent you against felony DWI charges, you can trust that you have a fierce and dedicated legal team ready to fight for your rights and the best possible outcome for your case. Our case results speak for itself.
Contact one of our Rowlett Felony DWI lawyers today to schedule your free case evaluation and take the first step towards protecting your future.
