Texas is one of the toughest states in the nation on drunk driving. A conviction for driving while intoxicated (DWI) in the state can lead to jail time, fines, and the loss of your license. Even after you have served your punishment, your conviction may follow you around, making it difficult to secure certain types of employment or obtain car insurance.
If you are facing DWI charges in Arlington, TX, having the right legal representation can mean the difference between moving forward with minimal interruption to your life and spending the next several months or years paying the consequences. Law Offices of Randall B. Isenberg can help you beat a DWI in Arlington. Led by a former prosecutor and district judge, our team has a long, successful track record of defending DWIs.
For a free consultation and case evaluation with a team member, call today.
The Basics of DWI Law in Texas
Like most states, Texas sets its BAC limit at 0.08%. But you do not actually have to blow this number or higher to be charged (and convicted) of DWI in Texas. A police officer can arrest you for DWI if they believe you have demonstrated signs of impairment, regardless of your DWI test results. A DWI in Texas is a minimum of a Class B misdemeanor, and any number of aggravating factors can bump it to a Class A misdemeanor or even a felony.
Circumstances that may lead to an elevated DWI charge in Texas include:
- Having previous DWI convictions;
- Carrying a passenger under 15 in your vehicle while intoxicated;
- Causing bodily injury or death while driving under the influence;
- Refusing to submit to blood-alcohol testing.
Drunk Driving Laws for Persons Under 21 Years Old
In Texas, drivers under the legal drinking age of 21 years old can be charged with DWI or DUI if they have even trace amounts of alcohol in their system. A 0.01% BAC reading is enough to charge and convict a minor driver of drunk driving in Texas.
The Penalties for a DWI Conviction in Arlington, TX
Texas imposes some of the harshest penalties in the country on people convicted of DWI. Even if it is your first offense, you could be looking at:
- A jail sentence of up to 6 months;
- A $2,000 fine;
- Loss of your driver’s license;
- A $2,000 yearly fee for 3 consecutive years upon reinstatement of your license.
The judge may also require you to attend alcohol education classes or Alcoholics Anonymous meetings, serve probation, perform community service, and install an ignition interlock device on your vehicle.
Non-Criminal Penalties of DWI Arrest and Conviction
Not only can DWI conviction derail your life and cost you your freedom, but arrest without conviction can also be costly. The temporary loss of your driver’s license can limit your employment options and damage your good name.
You might also be forced to pay higher rates for auto insurance and compromise future background checks. Post-conviction and release consequences can include loss of the ability to vote, the inability to carry a firearm, and the inability to apply for many forms of government aid. Our defense strategy can help you avoid many of these costly societal consequences.
We Can Help You Keep Your License After a DWI in Arlington, TX
You can lose your license for a DWI in Arlington, TX, even if you have not been convicted of the offense. The police may order your license suspended upon arrest, in which case you have only 15 days to request an Administrative License Revocation (ALR) hearing at which you and your attorney can make a case for keeping your license.
You can also lose your license in Texas for refusing a BAC test. This is known as the implied consent law and violating it can result in license suspension even if you get cleared of DWI.
Attorney Randall Isenberg and his team can help you with any situation in which your driver’s license is at risk. For a free case evaluation, call us now.
How Randall Isenberg and His Team Fight DWI Charges for Our Arlington, TX Clients
Law Offices of Randall B. Isenberg has several resources we can use to clear or reduce your DWI charge, helping you avoid a jail sentence or loss of your driver’s license.
Possible defense strategies for your case include:
Lack of Reasonable Suspicion
As we investigate the circumstances of your arrest, we may find that the arresting officer did not have reasonable suspicion to pull you over, to begin with. Absent reasonable suspicion, any evidence gained on a traffic stop becomes inadmissible. In other words, even if you failed a BAC test or exhibited clear signs of impairment, we can have this evidence invalidated in court by demonstrating a lack of reasonable suspicion.
Lack of Probable Cause
Probable cause is like reasonable suspicion. The only difference is, reasonable suspicion is what an officer must have to pull you over, while probable cause is what is required for an officer to request BAC testing after pulling you over.
A DWI lawyer in Arlington will examine everything associated with your arrest to determine if the officer had probable cause to order BAC testing. If we find that probable cause did not exist, we can get the results of your test – and other evidence of your guilt – deemed inadmissible.
Failure to Follow Proper Protocol
When arresting suspects for DWI, law enforcement officers must follow certain protocols. We will investigate your case to determine if this protocol was followed. If not, we may be able to get your charges dropped.
Failure to Inform You of Your Rights
Everyone who faces arrest in Arlington has rights that must be honored. When a police officer arrests you for any reason, he must explain your rights to you. Called the Miranda Warning, you must be informed that:
- You have the right to remain silent
- Anything you do or say can later be used against you
- You have the right to a lawyer without regard to your ability to pay
Your rights must be read to you in full and in a language you understand. If they were not, we could have leverage that benefits your case.
Continued Questioning After You Requested a Lawyer
As soon as you ask for a lawyer, the police must stop questioning you. Additionally, they must stop all questions if you invoke your right to remain silent. If they did not, inform one of our criminal defense team members. This violation of your rights can also give us leverage for your defense.
Faulty BAC Testing Equipment or Test Results
A DWI charge is predicated on your having been legally intoxicated. In Texas, that means having a blood alcohol concentration (BAC) that is higher than the legal limit of .08. To bolster and support your defense, we will challenge the validity and calibration of any equipment used to measure your BAC.
We will also challenge the effectiveness of field sobriety tests and the way they were administered. Where possible, we will also question the validity of these subjective tests.
Pleading to a Lesser Offense
If the prosecution’s case against you is strong, we might be better off pleading to a lesser offense than trying to fight your charge. We will go over your options with you and involve you in this decision. By pleading guilty to a lesser charge, such as reckless driving, you can often avoid jail time and the loss of your license. Also, a reckless driving conviction does not look nearly as bad on a background check as a DWI.
Reviews From Previous DWI Clients
Our law firm is committed to justice, fairness, and second chances. When they talk about our fight for the best outcome of their DWI case, our previous clients say:
- Jonny W: I was very pleased being able to work with your Law Firm on my unfortunate DWI case. You were truly the best and had very impressive end results…I felt I was truly with a Dream Team law firm in my situation.
- Anonymous: Attorney Randall B. Isenberg represented me in a complicated DWI case and got it dismissed. He is a very smart, highly experienced attorney who knows his stuff…Why would you go anywhere else?…Randall and his team was always available on the phone/email and responded to my queries promptly.
We fought for these clients just like we will fight for you — with empathy and integrity and without judgement. Read more testimonials like these on our client testimonials page.
For a Free Arlington, TX DWI Case Evaluation, Call Law Offices of Randall B. Isenberg
If you have been charged with DWI, criminal defense attorney Randall Isenberg and his team can help you stay out of jail and keep your license. We offer a free consultation, and our team is eager to start working for you today. To speak with a member of our staff, call us.
