If you are facing commercial DWI charges, both your freedom and your career could be in jeopardy. Even a first-offense commercial DWI conviction can result in the loss of your CDL for one year, and a second conviction can cause you to lose it forever, effectively ending your driving career. A commercial DWI lawyer in Frisco, TX can help you move past these charges with minimal damage to your career.

At the Law Offices of Randall B. Isenberg, we fight for the rights of the accused. We believe our clients are innocent until proven guilty and will do everything possible to resolve your case with a favorable outcome. Our founding attorney, Randall Isenberg, spent many years as a prosecutor and district judge, so he understands how the other side works and can anticipate any tactic they might use. For a free, no-risk case evaluation, call us today at 214-696-9253.

Differences Between Commercial and Non-Commercial DWI in Texas

The threshold for commercial DWI in Texas is much lower than for non-commercial DWI. If you are driving a commercial vehicle in Texas, you are considered legally intoxicated if you have a blood alcohol content (BAC) of 0.04 percent or higher. You can also get charged with commercial DWI if you have any quantity of marijuana or another drug in your system.

If you were driving a non-commercial vehicle at the time of your arrest, the BAC standard reverts to 0.08 percent. But regardless of whether your arrest occurred while driving a commercial or non-commercial vehicle, you face professional commercial consequences on top of any legal penalties, and they can be severe.

Penalties for Commercial DWI in Frisco, TX

Texas has strict penalties for DWI, making it imperative that you work with a lawyer who will defend your case aggressively. A DWI conviction in Texas can result in jail time, fines, and the loss of your license. Even after you have served your time and paid your debt to society, your DWI can follow you by remaining as a black mark on your record, preventing you from passing a background check or obtaining affordable car insurance.

For a first-offense DWI , you could face:

1. A fine of up to $2,000
2. Up to 180 days in jail
3. Loss of license for 1 year
4. A $2,000 yearly fine for 3 years to reinstate your license

The penalties only get more severe for a second or subsequent DWI conviction. The same is true if your BAC was over 0.15 percent or if you were carrying a minor under 15 in your car.

For a first or subsequent commercial DWI conviction, your sentence may also require you to install an ignition interlock device to regain your driving privileges, perform community service, or attend a DWI or substance abuse educational program.

How a Commercial DWI in Frisco, TX Can Impact Your Career

The Texas Transportation Code sets forth professional consequences for commercial DWI that can impact your career long after you have paid the legal penalties.

For a first-offense DWI conviction, the state disqualifies you from commercial driving — meaning it suspends your CDL — for one year. You also face a one-year disqualification if you refuse to submit to a blood or breath test, even if you are ultimately not convicted of DWI.

If you get convicted of a second DWI, or if you refuse a blood or breath test after a first DWI, the state disqualifies you for life. That means you can never drive for pay in Texas again.

To see how a commercial DWI lawyer in Frisco, TX can help you, contact the Law Offices of Randall B. Isenberg at 214-696-9253.

Defense Strategies for a Commercial DWI in Frisco, TX

Upon meeting with you and evaluating your case and the charges against you, Randall Isenberg and his team will develop a defense strategy to help you avoid a DWI conviction and the legal and professional consequences it entails.

We have several possible tactics we can use to defend your case. Which one we choose depends on a number of factors including the circumstances of your arrest, your criminal history, and the specific nature of the charges.

Lack of Reasonable Suspicion

In Texas, a police officer may not pull you over for DWI without reasonable suspicion that you are under the influence of alcohol or drugs.

We will review the evidence surrounding your arrest and determine if the officer lacked reasonable suspicion to initiate a traffic stop.

Lack of Probable Cause

Even if a police officer has reasonable suspicion to pull you over, they cannot require you to submit to BAC testing without probable cause. Examples of probable cause include red or glassy eyes, slurred speech, and alcohol on your breath. We will search for evidence that the officer did not have probable cause to test your BAC.

Inadmissible Evidence

Just because you failed a BAC test does not always mean the result is admissible in court. Texas subjects blood and breath testing to strict procedural standards, and if the police officer or anyone else breached these standards along the way, the results of the test are inadmissible in court.

Pleading Down to a Lesser Charge

If the prosecution has unassailable proof of your guilt, we might be able to plead down to a lesser charge, especially if you have no prior DWI arrests or convictions. This lets you escape with lesser legal penalties and potentially avoid having your CDL suspended.

Click to contact our Commercial DWI Lawyers today

(214) 696-9253

For a Free Commercial DWI Defense Consultation in Frisco, TX, Call the Law Offices of Randall B. Isenberg at 214-696-9253

If you are facing commercial DWI charges in Frisco, TX, Randall Isenberg and his team want to help you move past them with your life and career intact. Let us put our experience on the other side of the bench to work for you. For a free, no-risk consultation, call our office today to discuss the details of your case with a commercial DWI lawyer in Frisco, TX at 214-696-9253.

Link to First Offense DWI Lawyer In Frisco, TX | Randall Isenberg

Call or text or complete a Free Case Evaluation form

(214) 696-9253

If you’ve been arrested for a DWI, the prosecution can use your breath and blood test results to build a DWI case against you. However, these results are not always accurate. A breath blood test lawyer in Frisco from the Law Offices of Randall B. Isenberg can investigate the testing and determine whether the police made any mistakes during the process or violated any rights that could render the results inadmissible.

Call 214-696-9253 for a free consultation with a Frisco criminal defense lawyer today.

Blood Alcohol Testing Laws in Texas

Texas has an implied consent law for all drivers and motor vehicle operators. By virtue of signing for your Texas driver’s license and getting behind the wheel on a Texas road or highway, you “imply” that you will give your “consent” to submit to blood alcohol testing when stopped by the police on reasonable suspicion of DWI.

If you refuse to submit to testing, you will lose your driver’s license for 180 days, even if you are ultimately found not guilty of DWI.

A breath blood test lawyer in Frisco can defend you against a charge of violating the implied consent law. The law only applies when the police had reasonable suspicion to pull you over and probable cause to ask you to submit to testing. We may be able to create reasonable doubt in one or both of these areas.

How Breath and Blood Tests Work

Breath and blood tests measure the concentration of alcohol in your bloodstream. This measurement is called your blood alcohol content (BAC). In Texas, a BAC higher of 0.08 percent or higher is considered legally intoxicated.

A blood or breath test showing a BAC above the legal limit serves as powerful evidence for the prosecution that you are guilty of BWI. The problem, as you will see below, is that both blood and breath tests are vulnerable to inaccuracies, often substantial ones.

Blood Testing

A blood test involves drawing your blood and sending it to a lab for analysis. The lab uses sophisticated machinery to measure the concentration of alcohol in your blood sample. But “sophisticated” does not mean “foolproof,” and the process is subject to other errors as well, such as mixing up your blood sample with another person’s.

Breath Testing

A breath test, or breathalyzer, involves a small, handheld machine with a tube into which a person blows to generate a breath sample. The advantage of a breathalyzer over a blood test is that it delivers a result on the spot — you blow, and the machine spits out a number almost instantaneously.

The disadvantage is that breath tests are often less accurate than blood tests, particularly if the machine is not properly calibrated or the person administering the test is not properly trained.

The Problems with Breath and Blood Tests

Neither breath nor blood tests are 100 percent accurate. Both have the potential to deliver a false positive, meaning the test result shows a BAC higher than 0.08 percent when in reality your level was less than the legal limit.

This situation can cause you to face severe penalties for DWI despite being not guilty. The fear of a false positive leads many motorists to refuse testing, opening up a different set of problems in the form of the implied consent law.

But no matter the situation you are currently facing — a DWI charge based on blood or breath test results, or a violation of implied consent charge — the Law Offices of Randall B. Isenberg will defend you aggressively and help you move on with your life.

Defense Strategies for DWI Charges Based on Test Results

Randall Isenberg has spent 30 years in the Texas court system, working as a criminal prosecutor, a state district judge, and a criminal defense attorney. He has fought many DWI cases on both sides, as well as judged them, and understands the system. He uses his knowledge of how the other side works to help his clients get the best outcome.

If you are facing a DWI charge based on blood or breath test results, we have several possible defenses to help you beat the charge.

Lack of Reasonable Suspicion

A police officer in Texas must have reasonable suspicion to stop a motorist. If you were speeding or violating a traffic law, or you had a vehicle defect such as a broken tail light, then the police had reasonable suspicion to pull you over. But if we can show they had no reasonable suspicion to stop you, we can get the evidence they collected after that point thrown out due to inadmissibility.

Lack of Probable Cause

Once a police officer stops you, they must have probable cause to order blood alcohol testing — for instance, your speech is slurred, or your breath smells like alcohol. We may be able to call into question the officer’s probable cause to order testing.

Procedural Errors

Law enforcement officers must follow strict procedures when conducting blood alcohol testing. They must use properly calibrated breathalyzer machines, and the person giving the test must be trained. Our team will examine the details of your arrest and look for procedural mistakes or violations we can bring to light.

Confounding Factors

Certain substances can affect blood and breath test results, including medications, foods, and even gum or mouthwash. We may be able to have the results of your test invalidated because of one or more of these confounding factors.

Click to contact our Breath and Blood Test Lawyers today

(214) 696-9253

See How a Breath Blood Test Lawyer in Frisco Can Help You, Call 214-696-9253 Today

The Law Offices of Randall B. Isenberg is a criminal defense firm helping clients in Frisco, TX and the surrounding areas. We believe all defendants are innocent until proven guilty and will fight aggressively for your rights. If you are facing DWI charges based on blood or breath test results, or you are accused of violating the implied consent law by refusing to submit to testing, we can help. Call 214-696-9253 for a free case evaluation.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

In Texas, a DWI for marijuana carries the same penalties as a charge of drunk driving. You could be fined, go to jail, and lose your driver’s license. With a DWI conviction on your permanent criminal record, you may find it difficult to obtain car insurance, find a job, or pass a background check. If you are facing DWI marijuana charges in Frisco, TX, a DWI marijuana lawyer in Frisco can help.

At The Law Offices of Randall B. Isenberg, we help clients accused of DWI marijuana move past these charges with the least possible long-term impact on their lives. We can get your charges dropped or reduced to a lesser offense, one carrying significantly more minor penalties. Our team offers a free consultation and case evaluation. To schedule an appointment today, call us at 214-696-9253.

Possible DWI Marijuana Penalties in Frisco, TX

A first-time DWI, whether for marijuana or alcohol, is a Class B misdemeanor in Texas, carrying penalties ranging from fines to jail time. This is the lowest level of criminal charge you could face for a DWI. Any number of aggravating factors, including previous convictions or a minor passenger in your vehicle, could bump the charge up to a Class A misdemeanor or a felony.

Based on the level of your charge, the penalties you may face include:

Class B Misdemeanor

• Up to 6 months in jail
• A fine of up to $2,000
• Driver’s license suspension for up to 1 year

Class A Misdemeanor

• Up to 1 year in jail
• A fine of up to $4,000
• Driver’s license suspension for up to 2 years

Third-Degree Felony

• Up to 10 years in prison
• A fine of up to $10,000
• Driver’s license suspension for up to 2 years

Second-Degree Felony

• Up to 20 years in prison
• A fine of up to $10,000
• Driver’s license suspension for up to 2 years

First-Degree Felony

• Up to 99 years in prison
• Driver’s license suspension for up to 2 years

If you lose your license, you must pay an annual fee of $2,000 for three years to reinstate it. The judge may elect to impose an assortment of additional consequences including community service, drug and alcohol abuse counseling, or the placement of an ignition interlock device on your vehicle.

Having a DWI for marijuana on your criminal record can negatively impact your future in several ways. You could lose out on job opportunities and get denied from living in an apartment or homeowners’ association. You might find it difficult to secure car insurance you can afford, mainly if you are young or have an imperfect driving record on top of your DWI.

A drug conviction, including DWI for marijuana, may make you ineligible for federal student loans and other government benefit programs.

Getting Your License Back After a DWI for Marijuana in Frisco, TX

When you get arrested for DWI for marijuana in Texas, it triggers two separate proceedings that run concurrently. The first is your criminal trial, the potential consequences of which appear above. The second is a civil proceeding known as an Administrative License Revocation (ALR) process. The ALR process determines whether you keep your license.

After a DWI arrest, you must request a formal ALR hearing within 15 days or risk losing your license regardless of the outcome of your criminal case. At your hearing, you can have a lawyer there to represent you and present evidence on your behalf showing why you should not lose your license.

The Law Offices of Randall B. Isenberg has fought and won many ALR hearings for clients accused of DWI. We can help you keep your license. For a free consultation and case evaluation, call us at 214-696-9253.

Why You Need a DWI for Marijuana Defense Lawyer in Frisco, TX

Texas has some of the nation’s toughest drug laws. As of 2019, marijuana is still not legal here, even for medicinal use. The state has zero tolerance for driving with drugs in your system, meaning you can face DWI charges if a drug test reveals even a trace amount of marijuana. Because the half-life of marijuana is exceptionally long in humans, you could test positive days or even weeks after your last use of the substance.

If you fail a blood test for marijuana, the officers have the probable cause they need to search your vehicle and your person. If they find marijuana (even in residue form) or paraphernalia, you may also face a separate charge for possession. This can increase your fines and jail time by a substantial margin.

A DWI marijuana lawyer in Frisco, TX from The Law Offices of Randall B. Isenberg can comb through the intricacies of your case and put together the strongest, most compelling defense.

Defense Strategies for DWI Marijuana in Frisco, TX

Our DWI defense attorneys have several strategies we can use to get your charges dropped or reduce. Which one we choose depends on the specifics of your case.

Lack of Reasonable Suspicion

We may be able to prove that the arresting officer lacked reasonable suspicion to pull you over in the first place. If so, they did not have grounds to take any of the actions that came after, such as drug testing you. By showing evidence of lack of reasonable suspicion, we can compel the prosecution to drop the charges.

Lack of Probable Cause

Once the officer pulls you over, they must have probable cause to make you submit to drug testing. That is, they must have a tangible reason to believe you are under the influence of marijuana or another intoxicating substance.

Plea Bargaining

If the prosecution has overwhelming evidence against you, we can negotiate a guilty plea to a lesser charge, one carrying more minimal fines and that does not have the same long-term impact on your record. Attorney Randall Isenberg has spent 30 years in the Texas courts, much of that time working as a prosecutor and district judge. He knows how the other side works and how to negotiate with them.

Click to contact our DWI Marijuana Lawyers today

(214) 696-9253

Call 214-696-9253 Today for a Free DWI Marijuana Case Evaluation in Frisco, TX

The Law Offices of Randall B. Isenberg and its DWI Marijuana lawyers in Frisco, TX can help you move past your DWI marijuana charges. We offer a free consultation, which you can schedule today by calling our office at 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

A DWI conviction can lead to jail time, massive fines, loss of driver’s license, and a permanent criminal record. Ask anyone who has been through it, and they will tell you — Texas is not the state where you want a DWI conviction. The penalties are severe, and the judges are not known to have much leeway. But a DWI reduction lawyer in Frisco, TX can help.

At the Law Offices of Randall B. Isenberg, we fight for the rights of the accused. Our founding attorney has worked in the Texas court system for 30 years, spending time as both a prosecutor and district judge. He knows how to cut deals with the other side and can help you get your DWI charge reduced, resulting in less lasting damage to your life and career. For a free, no-risk case evaluation, call us today at 214-696-9253.

Why Fight to Reduce Your DWI Charge in Frisco, TX

A DWI conviction can affect every aspect of your life. You can end up in jail and without a driver’s license for a first offense, even if your blood alcohol content (BAC) was not exceptionally high. Your troubles may not end there, either. With a DWI in your background, you may have trouble getting car insurance, renting an apartment, interviewing for a job, or getting approved by a homeowners’ association.

The specific consequences for DWI in Texas depend on several factors — for instance, your criminal history, your BAC, and any extenuating or mitigating factors surrounding the offense. The standard penalties for DWI convictions are as follows.

For a first DWI conviction:

• A fine of up to $2,000
• A jail sentence of up to 180 days
• Loss of driver’s license for up to 1 year
• A fine of up to $2,000 per year for 3 years to reinstate driving privileges

For a second DWI conviction:

• A fine of up to $4,000
• A jail sentence of up to 1 year
• Loss of driver’s license for up to 2 years
• A fine of up to $2,000 per year for 3 years to reinstate driving privileges
• Ignition interlock device installed on vehicle

A third DWI conviction:

• A felony conviction
• A fine of up to $10,000
• A jail sentence of up to 10 years
• Loss of driver’s license for up to 2 years
• A fine of up to $2,000 per year for 3 years to reinstate driving privileges
• Ignition interlock device installed on vehicle

Several factors may enhance your charges, resulting in a lengthier jail sentence or larger fine. These include being involved in an accident, injuring or killing another person, or having a minor under 15 in your car while intoxicated.

Texas is an implied consent state. If a police officer has probable cause to request that you take a BAC test, you must do so or risk having your license suspended. Even if you ultimately get cleared of DWI, you can still lose your license for refusing a BAC test in Texas.

To see how a DWI reduction lawyer can help with your specific situation, call the Law Offices of Randall B. Isenberg today at 214-696-9253.

Ways to Reduce a DWI Charge in Frisco, TX

Your DWI lawyer can decide based on the details of your case and the strength of the prosecution’s evidence how to go about seeking a DWI reduction.

Reckless Driving

A common method for reducing a DWI charge in Texas is to agree to plea down to reckless driving. Rather than the penalties imposed for DWI, you will face up to a $200 fine and a maximum of 30 days in jail.

Obstruction of Passageway

While obstruction of passageway is a class B misdemeanor like DWI, it has a lesser effect over time. You will not have the same kind of permanent record as you would with a DWI. If the prosecutor knows there are holes in the case against you, they may agree to this reduction simply to get a conviction.

Other Lesser Traffic Violations

In some cases, your lawyer may be able to get your DWI charge dropped by having you agree to plead guilty to the traffic violation that led the officer to pull you over in the first place.

Eliminating Enhanced Charges

If your DWI has an enhanced charge, such as carrying a passenger under 15 or having a BAC above 0.15 percent, your lawyer may be able to cut a deal with the prosecutor to have the enhancement dropped.

Reducing Felony DWI to Misdemeanor DWI

The difference between a felony DWI and a misdemeanor DWI conviction is monumental. If you are facing felony DWI charges for a third or subsequent offense, or because you have an enhancement that bumps your charges up from a misdemeanor, your lawyer may be able to convince the prosecutor to lower the felony charge.

Defense Strategies for DWI Reduction in Frisco, TX

If the prosecutor does not agree to accept a reduced charge, we can take your case to a jury trial.

There are several defense strategies your lawyer can use to poke holes in the prosecutor’s case and create reasonable doubt.

Lack of Reasonable Suspicion

If the police officer did not have reasonable suspicion to pull you over in the first place, everything that happened after that point may be inadmissible in court.

Lack of Probable Cause

If after pulling you over, the officer did not have probable cause to request that you undergo BAC testing, we can have the results of the test thrown out.

Lack of Admissible Evidence

If the officer did not follow proper protocol in administering BAC testing, we may also be able to invalidate the results.

To See How a DWI Reduction Lawyer in Frisco Can Help You, Call the Law Offices of Randall B. Isenberg: 214-696-9253

If you are facing DWI charges in Frisco, TX, a criminal defense lawyer from the Law Offices of Randall B. Isenberg can help you get the charge dropped or reduced to a lesser crime, allowing you to avoid jail time, loss of license, and a permanent criminal record. Our team offers a free, no-risk case evaluation. Call today: 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

An underage driver in Frisco, TX can get charged with DWI the same as an adult can. If convicted, they face the same possibility of fines, jail time, and driver’s license suspension — plus the added concern of losing out on college admissions, scholarship opportunities, and other future plans due to having a criminal record.

If you or your child is facing underage DWI charges in Frisco, an underage DWI lawyer in Frisco, TX from The Law Offices of Randall B. Isenberg can help you fight them and move forward with your life. We fight aggressively for the rights of the accused. To receive a free case evaluation with a member of our staff, call us at 214-696-9253.

Texas DWI Laws

Texas has the same blood-alcohol content (BAC) limit of 0.08% for drivers as most other states in the country. But if you are under the legal drinking age of 21, the legal limit drops to 0.00%. In other words, any amount of alcohol in your system, even 0.01% or less, can result in a DWI charge when you are underage.

The state also has zero tolerance for drug intoxication among drivers. If a drug test shows even a trace amount of an illegal substance in your system, you can get slapped with a DWI for drug intoxication.

Even if you pass a BAC evaluation and do not test positive for drugs in your system, law enforcement officers in Texas can still arrest you for DWI if you show visible signs of intoxication, such as an unsteady gate, slurred speech, or bloodshot eyes.

A DWI is a Class B misdemeanor in Texas, but any number of aggravating factors, such as multiple offenses, a high BAC, or a minor passenger in your car, can bump it up to a Class A misdemeanor or even a felony charge.

Underage DWI Penalties in Frisco, TX

If you get charged with DWI in Frisco, TX, while underage, the state does not give you a break because of your youth. The penalties are the same as for adult drivers and may include:

• Up to 6 months in jail
• A fine of up to $2,000
• Loss of driver’s license for up to one year
• A fee of up to $2,000 per year for three years to reinstate your license

If your BAC is below 0.08%, the arresting officer has the option to charge you with DUI rather than driving under influence (DWI). DUI is a lesser offense carrying less-severe penalties, and it is specifically reserved for underage drivers who have alcohol in their system but not enough to reach the adult legal limit of 0.08%.

The penalties for an underage DUI include:

• A fine of up to $500
• Loss of driver’s license for up to 60 days
• Up to 40 hours of community service
• Alcohol abuse education

An underage DWI conviction in Frisco, TX, can haunt you for years to come, long after you have exited your teen years and settled into adult life. It can keep you from obtaining affordable car insurance — a task already tricky enough for drivers under 25. It can prevent you from getting hired for a job that involves driving.

A DWI on your record may even cause colleges that were considering accepting you to change their minds, or to rescind their offer of admission. Many college scholarships stipulate that you cannot have a criminal record to receive them; you may miss out on those opportunities with a DWI.

If you plan to join the military, get a job out of high school, or travel the world, a DWI conviction may affect all these opportunities. Certain countries, most notably Canada, make it exceedingly difficult to cross their borders if you have been convicted of drunk driving in the United States.

How We Defend You Against Underage DWI Charges in Frisco, TX

An underage DWI lawyer in Frisco, TX at The Law Offices of Randall B. Isenberg can review the details of your case and put together a strong defense strategy, one offering the best possibility of beating your underage DWI charge so you can move on with your future.

We have several strategies we can use:

Lack of Reasonable Suspicion

As we investigate your case, we may find that the officer lacked reasonable suspicion to pull you over in the first place. If so, any evidence they collected after that fact is inadmissible in court. The prosecutor or judge will often drop the charges if we can prove no reasonable suspicion existed.

Lack of Probable Cause

Once the officer pulls you over, whether they had reasonable suspicion or not, they must have probable cause to demand that you submit to a BAC test. Again, if we can show they lacked this, we can get the results of the test invalidated.

Breach of Protocol

In Texas, arresting officers must follow a rigid protocol when administering a BAC test. If we can produce evidence that they deviated from it in any way, we can have the test thrown out.

Plea Bargaining

If we do not have a compelling defense, or if the prosecution’s evidence against you is overwhelming, we are often better off approaching them with the offer of a plea bargain. The way it works is that we agree to have you plead guilty to a lesser charge, such as reckless or careless driving. This charge will carry lesser penalties and will not have the same long-term impact on your record as a DWI.

Randall Isenberg has worked in the Texas court system for over 30 years. He has spent time as a prosecutor and a district judge. He understands how the other side works and how to negotiate with them for the best outcome. Whether it makes more sense to plead not guilty or offer a plea bargain, our team can give you the best chance of getting through this issue with the least impact on your future.

Call 214-696-9253 for a Free Underage DWI Case Evaluation with The Law Offices of Randall B. Isenberg

Attorney Randall Isenberg and his team want to get to work on your underage DWI case today. An underage DWI lawyer in Frisco, TX can help you or your child beat this charge and preserve your future. For a free consultation, call us at 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

A boating while intoxicated (BWI) charge in Frisco, TX, can turn a fun afternoon on the lake into an experience that haunts you for the rest of your life. With a BWI conviction, you face jail time, driver’s license suspension, hefty fines, and a permanent record that can impact your ability to buy car insurance, get a job, or rent an apartment. A boating while intoxicated lawyer in Frisco can help you move past this charge and get on with your life.

At The Law Offices of Randall B. Isenberg, we fight for the rights of the accused. We believe you deserve passionate representation from an attorney who cares. Randall B. Isenberg has spent 30 years in the Texas court system, both as a prosecutor and a judge. He knows how the system works and can apply his knowledge to help you. For a free case evaluation, call 214-696-9253 today.

The Penalties for Boating While Intoxicated in Frisco, TX

A conviction for boating while intoxicated in Frisco, TX, can leave you without a driver’s license, making it difficult or impossible to get to work every day or run essential errands in a car-centric area with limited public transportation.

The penalties for BWI are similar to those for DWI in Texas — the state does not take it easy on you just because you were operating a watercraft rather than a land vehicle. It is legal to have an open container as a boat passenger, but if you take control of the craft at any point while above the legal blood alcohol limit of 0.08%, you may receive a BWI.

Persons convicted of BWI in Texas face the following penalties:

First-Offense BWI in Texas

A first-offense BWI is a class B misdemeanor in Texas. It carries the following penalties:

1. Up to $2,000 in fines
2. A minimum of 72 hours in jail and up to 180 days

If a first-time BWI offender causes serious injury to another person, the charge can be increased to intoxication assault, a third-degree felony, with fines as high as $10,000 and a jail sentence of up to 10 years.

A first-time BWI resulting in another person’s death is considered intoxication manslaughter, a second-degree felony punishable by fines up to $10,000 and up to 20 years in jail.

If you refuse to submit to a blood-alcohol test when stopped on suspicion of BWI, whether it is your first or subsequent offense, you face an automatic driver’s license suspension of 180 days.

Second-Offense BWI in Texas

A BWI is a second-offense in Texas if you have a prior conviction of operating any type of motor vehicle while intoxicated. That means a previous conviction of either BWI or DWI counts as your first offense.

Second-offense BWI in Texas is a class A misdemeanor and carries the following penalties:

1. Up to $4,000 in fines
2. A minimum of 30 days in jail, up to one year

Third-Offense BWI in Texas

A third-offense BWI is a felony in Texas. It carries the following penalties:

1. Up to $10,000 in fines
2. A minimum of two years in jail, up to 10 years

With a felony conviction, you will have to deal with a host of restrictions, inconveniences, and frustrations long after you have served your jail sentence and paid your fines. Felons in Texas may be barred from voting, owning a firearm, working certain jobs, and living in certain types of housing.

A boating while intoxicated lawyer in Frisco from The Law Offices of Randall B. Isenberg can help you fight your BWI charge, whether it is a first or subsequent offense, and move on with your life with minimal damage.

To schedule a free BWI defense consultation, call us today at 214-696-9253.

Defending Against a Boating While Intoxicated Charge in Frisco, TX

The appropriate defense strategy for your BWI charge depends on the specific details surrounding your case. We can poke holes in the prosecution’s case, creating reasonable doubt and trying for an acquittal. If the evidence against you is overwhelming, we can negotiate to try to have your charge reduced to a lesser offense.

Pleading Not Guilty

We can also weaken the prosecution’s case by determining if the arresting officer did not follow proper protocol or did not make you fully aware of your rights, or if the machine used to test your blood-alcohol level was not properly calibrated. We may be able to convince the prosecution to drop their charges against you or, if your case goes before a jury, present a strong case that will encourage the jurors to return a verdict of not guilty.

Working a Plea Deal

If the evidence against you proves insurmountable, we may be able to work out a plea deal with the prosecution. By pleading guilty to a lesser charge, such as misdemeanor reckless endangerment, you can often avoid many of the harsher penalties associated with a BWI conviction.

Call for a Free Consultation with a Boating While Intoxicated Lawyer Today

The dedicated BWI defense team at The Law Offices of Randall B. Isenberg is eager to speak with you about your case. A boating while intoxicated lawyer in Frisco can protect your rights and help you move past this charge. To schedule a free case evaluation, call us today at 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253