When you are arrested for DWI, it can be a trying time in your life. Most people who are in this situation do not know how to proceed, and they may be unsure of what to do when questioned by the police.
You might not think Texas DWI is that bad, but the charge carries stiff penalties. If you are arrested and charged with drunk driving, you may face jail time, high fines, driver’s license suspension, or community service. Getting legal representation from a Plano DWI lawyer is the most beneficial move you could make to help your case.
The Law Offices of Randall B. Isenberg offers comprehensive legal services for all types of personal and commercial DWI cases. As Plano criminal defense lawyers, we are board-certified in criminal defense and can help you navigate the legal system and prepare an adequate defense. Do not take on the courts alone or depend on a public defender.
Understanding DWI in Texas: Offense, BAC Limit, and Penalties
If you have been drinking while operating a car, boat, aircraft, or a piece of machinery in Texas, you could be charged with driving while intoxicated (DWI). A DWI is a criminal offense that results in a misdemeanor or felony charge, depending on the circumstances of the violation.
What Constitutes a DWI in Texas?
According to Texas Penal Code 49.01, intoxicated means, “not having the normal use of mental or physical faculties by reason of the introduction of alcohol.”
The state sets the legal blood alcohol concentration (BAC) limit at .08 percent. This means that if you are caught driving with a BAC of .08 percent or higher, you can be charged with a DWI, even if you don’t exhibit obvious signs of impairment.
However, you should know that impairment can still lead to a DWI charge, even if your BAC is below the legal limit. If you’re showing signs of impairment and cannot safely operate a vehicle, you can still be arrested and charged. Seeking legal representation from experienced DWI attorneys can help protect your rights and navigate the legal process effectively.
DWI Penalties in Texas Explained
The penalties for a DWI in Texas vary based on factors like previous offenses, blood alcohol concentration (BAC), vehicle type, injuries or fatalities, driving with children, and suspended license. Here are some common penalties:
- Jail Time: A first-time offense can range from three to 180 days. DWIs resulting in injury or fatality can lead to up to 20 years in prison.
- Stiff Fines: First-time offenses can result in fines up to $3,000, while second offenses can lead to fines up to $4,500. Higher BAC, driving with minors, or intoxication manslaughter can result in fines up to $10,000.
- Driver License Suspension: A first offense can lead to a one-year license suspension. Multiple offenses or special circumstances may result in license suspension for up to ten years or life. Renewing the license may require paying $2,000 to $3,000 per year for three years.
- Probation: In some cases, probation may be offered as an alternative to jail time, requiring adherence to specific conditions and supervision.
- Ignition Interlock Device: Following a DWI conviction, an ignition interlock device may be required in your vehicle, which measures your BAC before allowing the vehicle to start.
Due to the severe penalties, it is important to seek legal representation from Plano DWI attorneys who can defend you against prosecution.
How Our Firm Wins Against a DWI Charge
One of the biggest mistakes you can make is assuming that your DWI case is hopeless. Even if you fail a BAC breathalyzer test, you might not be found guilty of the alleged crime. Our criminal defense law firm helps clients like you, who can use an effective defense strategy to establish innocence or remove/reduce the DWI charges.
When our skilled attorneys work on a DWI case, we review police procedure and ensure your arrest (and all the situations that led to it) were properly managed by the responding officer and anyone else who arrived on the scene.
We take a critical look at your case and assess all relevant factors that could present a legal issue, such as:
Probable Cause
The highway patrol officer must have a viable reason for pulling you over, arresting you, and charging you with a DWI. We may challenge the police officer’s assertions and demonstrate that there was no probable cause.
BAC Breathalyzer Test Results
The breathalyzer test may have calibrated improperly or failed to work correctly. If you took a field test, then we could demonstrate that the field test did not work properly or that you were administered a test unfairly.
Miranda Rights
The police officers who arrested you might have violated the current procedural steps of citing your Miranda rights at a certain time. We analyze the way your case was handled from the moment you were pulled over until your court date.
Evidence Could Affirm Your Testimony
The authorities might not have all the facts, and our investigation might uncover hidden evidence. Common pieces of evidence we would look for include:
- Police reports
- Traffic camera footage
- Eyewitness testimony
- Witnesses from locations you visited that day
- Security camera footage
- Testimony from first responders
If you are privy to information our team has not uncovered, please reach out as soon as possible. You may not learn of this information or evidence until long after the incident, but we are interested in what you have found. If your criminal defense lawyer has all the facts, they can better represent you with a robust defense strategy.
The Prosecution’s Argument
We also look closely at how the prosecution handled your case. They may have failed to produce solid evidence to convict you. The prosecuting attorney may have also violated your rights or pressured you into admitting guilt.
When you hire the Law Offices of Randall B. Isenberg, you can feel confident that our entire legal team will go to work on your behalf. We can review your arrest, obtain evidence of your innocence, deliver an aggressive defense on your behalf, and work to get you the best outcome for your case.
Do Not Settle for a Public Defender
When your future is on the line, you may want to choose a private DWI lawyer in Plano, Texas, instead of settling for a public defender. While public defenders work hard to represent clients, they are often overloaded with too many cases. Consequently, your case might not get the focused attention it deserves.
Our criminal defense firm is committed to making sure you get a fair trial based on all the facts of the case. We take the time to work on your case and formulate a legal strategy. Instead of pleading guilty and being at the mercy of the court, we may find other options. These could include:
- Establishing your innocence
- Working out a plea bargain
- Attempting to have your case dismissed
Our firm has decades of experience handling DWI cases in Dallas & Collin County. We have the knowledge, time, and resources to change this distressing experience into a favorable outcome.
Our Plano DWI Lawyers Are Ready to Help You During This Stressful Time
When you work with our legal team, you get quite a bit of support from our lawyers. We will communicate with you at any time, accepting phone calls and emails. We will speak to anyone involved in the case, and our team is happy to answer your questions.
As the case progresses, we will ensure you understand your legal rights. We are happy to share our opinion of the case, but your criminal defense attorney will never tell you what to do. Our defense attorneys merely want you to have all the information you need to make an informed decision.
Call Us Today for a Free Case Assessment
Do not take chances with your personal or professional future. Let the Law Offices of Randall B. Isenberg advocate for you to help you beat your DWI charge. To get a free, no-obligation case assessment, contact our DWI attorneys in Plano, which includes a former chief felony prosecutor, and discuss your legal defense.
Our criminal defense team includes a former state district judge ready to assist you or a family member who was arrested for DWI and does not know what to do. We will serve as a guide for all those involved. Our successful track record is a demonstration of how we help clients avoid the potential consequences of a criminal conviction and instead, salvage their reputation and preserve their freedom.
Our lead attorney, Randall Isenberg, is board-certified in criminal defense and Texas Board of Legal Specialization certification. Schedule a consultation at one of our convenient office locations.
