Mistakes made in breath or blood testing procedures can lead to a drunk driving conviction, potentially sending you to jail and costing you your driver’s license. Before you assume that a conviction is inevitable, talk to a breathalyzer and blood test defense lawyer in University Park to learn more about your options.

With more than 30 years of experience in the Texas criminal justice system, DWI attorney Randall Isenberg understands how to identify errors in chemical testing evidence and use it to potentially improve the outcome of your case.

For your free consultation, contact the Law Offices of Randall B. Isenberg at 214-696-9253.

The Potential for Errors in Breathalyzer & Blood Testing Evidence

Prosecutors use breath and blood test results to obtain guilty pleas and convictions in most DWI cases. Suspects and jurors alike place substantial faith in these tests, as they appear to provide science-based support for establishing guilt.

In truth, these tests are rife with the potential for error.

The potential chemical tests that the police can use to measure blood alcohol concentration (BAC)  are as follows:

• Breathalyzer tests
• Blood tests
• Urine tests

The police rarely use urine testing; however, the statutes allow for it when necessary. Breathalyzer testing provides the simplest and most accessible method of testing for BAC because the police can set up a testing area in the station and test suspects quickly and conveniently after an arrest.

Blood testing provides highly accurate results. However, to obtain a blood test, the police must transport the suspect to an authorized lab to obtain and test the sample.

The potential for error in breath testing is high, as the equipment used requires frequent calibration, testing, and inspections to ensure it works correctly. Operators must have extensive training and certification to use the equipment. And, even when the equipment and operator meet all the necessary standards, a variety of factors can influence the test, causing false-positive readings.

Blood testing also presents a variety of issues, including the potential for sample contamination.

Challenging Blood & Breathalyzer Test Results

At the Law Offices of Randall B. Isenberg, our legal team understands how unreliable chemical BAC testing can be. Consequently, we can examine the evidence in your DWI case and identify any potential errors or problems that may invalidate the test results.

Potential Breath Testing Challenges

In University Park, the police primarily use the Intoxilyzer 5000 system for administering breath tests. This system requires regular calibration, testing, maintenance, and inspections to ensure proper function. The police must assign a qualified supervisor to monitor the equipment and its operation. Operators must have extensive training and maintain a current certification to administer the tests.

At the time the police send you for a breathalyzer test, the operator must run additional tests to prove the machine’s proper operation. However, if you take medications or use certain types of mouthwash or oral care products, you could have a faulty reading — even after the technician verifies the machine’s correct operation.

We know so much about the Intoxilyzer 5000 system because we have two in our office.

Potential Blood Testing Challenges

Any facility that provides blood testing for BAC must be accredited and duly certified to draw and analyze a suspect’s blood sample, as must the individuals who take and process the sample. Errors can occur at any phase of the process, including possible cross-contamination or the mishandling or storing of the sample.

Our legal team has in-depth knowledge of the chemical testing process and its vulnerabilities. We will carefully evaluate the evidence to identify potential problems that could invalidate the BAC testing results. Using this information, we can demonstrate the potential weaknesses to the prosecutor and, knowing they may struggle to get a conviction, we can often negotiate the reduction or dismissal of the charges.

Call us to learn more about how we can fight your results: 214-696-9253.

Challenging the Legality of Administering Breathalyzer or Blood Testing

Before the police can arrest you and request that you submit a breath or blood sample for BAC testing, they must obey the laws established to protect U.S. residents against illegal search and seizure.

If the police violate the law or fail to follow established procedure, we can argue that the very act of testing you for your BAC violated your rights. The most common bases for this argument are as follows:

Failure to Establish Reasonable Suspicion

Before the police can stop your car, they must establish reasonable suspicion that you broke the law by driving drunk. Simply watching you leave a bar and drive away does not constitute reasonable suspicion unless you drive erratically or otherwise demonstrate a lack of competence behind the wheel.

Failure to Establish Probable Cause

Once the police establish reasonable suspicion and pull your car over, they must establish probable cause of your impairment before they can arrest you and send you for breath or blood testing. Typically, officers accomplish this using field sobriety testing, although they may use a portable breathalyzer on the roadside.

Each of these tests must meet strict standards and guidelines. Otherwise, they may fail to adequately establish probable cause. The subjective nature of field sobriety testing also provides additional opportunities for a legal challenge.

Failure to Issue Statutory Warning

The police must issue you specific forms containing verbiage required by the state statutes. They must also deliver these warnings verbally. Failure to do so may provide another opportunity to challenge the legality of the BAC testing.

Call today for your free consultation: 214-696-9253.

See How a Breathalyzer and Blood Test Lawyer in University Park Can Help You, Call Today — 214-696-9253

A successful legal challenge to BAC testing can keep you from going to jail for drunk driving. Our legal team can use any identified weaknesses or errors to negotiate with the prosecutor for a reduction in your DWI charges or the complete dismissal of your case. Or, if necessary, our University Park breathalyzer and blood test lawyer can introduce these challenges in court, if we take your case to trial.

To help you understand more about these and other options you may have for challenging DWI charges, we would like to offer you a complimentary assessment of your case. We can answer your questions and explain your options, so that you can make the best possible decision for you and your future.

Contact our office at 214-696-9253 for your free consultation.

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After a drunk driving arrest in University Park, you will lose your driver’s license unless you attend an Administrative License Revocation (ALR) hearing to fight your suspension.

An ALR suspended license lawyer in University Park can argue on your behalf to help you keep your license or obtain a limited privilege license that will let you get to work or school and handle important personal business.

Contact the Law Offices of Randall B. Isenberg at 214-696-9253 to learn more.

How the ALR Suspended License Hearing Affects You

Once the police arrest you for drunk driving, the Texas Department of Public Safety (TxDPS) initiates an Administrative License Revocation (ALR) proceeding. A civil process that takes place concurrently with your criminal case, a judge will conduct the ALR hearing to determine whether a license suspension is justified.

If the judge upholds your suspension, you face:

• A 6-month to 2-year driver’s license suspension
• A reinstatement surcharge of $1,000 to $2,000
• Annual license surcharge of $1,000 to $2,000 for 3 years

The length of your license suspension will depend on whether you have prior DWI offenses on your record. If any aggravating circumstances apply to your offense, you will face a longer suspension. You can also expect to face a substantial increase in your auto insurance premiums as a result of your suspension.

Unless you request your hearing in the allotted time, TxDPS will suspend your license automatically, leaving you with no further ability to argue against this outcome.

Our ALR Suspended License Lawyer Fights for Your Rights

Unless you make a strong case, the ALR hearing will likely result in the suspension of your license. If you choose the Law Offices of Randall B. Isenberg to represent you in this process, our legal team will build the most persuasive case possible to present at your hearing.

In addition to protecting your legal rights, we will:

• Schedule your hearing
• Obtain and evaluate the state’s evidence
• Compel key witness testimony
• Prepare you to give your testimony
• Present the most robust possible case for keeping your license
• File an appeal, if necessary
• Request an occupational license, if necessary

How the ALR Hearing Affects Your University Park DWI Case

Technically, the ALR process proceeds independently of the criminal aspect of your case, and neither proceeding has any direct effect on the other. Indirectly, however, ALR can profoundly influence the outcome of your criminal case.

The judge in your ALR case — an administrative law judge — will decide the outcome of your license using the same evidence that the prosecution will use to make their case in criminal court. Because you have the legal right to review the evidence, our team can subpoena TxDPS and compel it to provide us with copies.

The evidence we obtain may include:

• Your arrest report
• A statement from the arresting officer
• Copies of chemical testing results for blood alcohol concentration (BAC)

We will review all the evidence to obtain valuable insights about your case and how the prosecution may use this evidence to obtain a conviction. This helps to inform our legal strategies for your defense.

We will also compel the arresting officer to appear at the ALR hearing and give sworn testimony. This allows us to question the officer under oath, potentially providing us with even more detailed information.

How the ALR Suspended License Process Works

At the time of your arrest, law enforcement will issue you a Notice of Suspension Temporary Driving Permit. Once TxDPS receives and processes this notice, the clock starts ticking on your license suspension. You have 15 days to schedule your hearing. If you fail to do so, TxDPS will suspend your license on the 40th day after your arrest.

To schedule your hearing, you must follow the instructions on the Notice of Suspension form and provide all the information requested thereon. You must submit your hearing request to TxDPS in writing, using one of the following methods:

• By mail to the TxDPS address provided
• By fax using the number provided
• By online form on the TxDPS website

You can request a hearing by phone. However, this provides you with no record of your request or confirmation that TxDPS received your information.

TxDPS will respond to your hearing request by mail, using the address on your license. This can easily get lost or not reach you in time, especially if your address of record is incorrect.

When our legal team handles this process on your behalf, we obtain confirmation from TxDPS and provide you with the details, ensuring you do not miss your opportunity to fight for your driving privileges.

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Appealing an ALR Suspension & Requesting an Occupational License

Should the judge rule to suspend your license, our team can appeal that decision. We have three layers of appeals that we can pursue, should you elect to keep fighting.

Alternatively, we can apply for an occupational license on your behalf. This allows you to continue driving for the following purposes:

• Going to and from work and related activities
• Going to and from school and related activities
• Running important personal errands
• Getting to medical appointments
• Attending court proceedings

Throughout the suspended license hearing process, we will be there to answer your questions and help you evaluate your options. We will tend to all the essential details and keep you apprised of critical milestones along the way.

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Free ALR Suspended License Consultation & Case Review

Before you decide to navigate this complex process on your own, consider speaking with an ALR suspended license lawyer. This will help you better understand the complexities of the process and how critical it is to your criminal case.

To ensure that you have the information you need to make an informed decision, the Law Offices of Randall B. Isenberg offers a no-cost, no-obligation consultation. Call our office today: 214-696-9253.

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Felony DWI charges carry harsh penalties including fines as high as $10,000 and the potential for decades (or more) in prison. You may face felony drunk driving charges if you cause an accident while intoxicated, especially if it results in serious injuries or a fatality. However, having prior DWI convictions on your record could be enough to prompt the prosecutor to pursue felony charges against you.

With decades of experience in the Texas criminal justice system, DWI attorney Randall Isenberg can help. The Law Offices of Randall B. Isenberg will fight to get your DWI charges reduced or dismissed or, if necessary, fight for your future in court.

Contact us today at 214-696-9253 to schedule a free case evaluation.

You Face Harsh Penalties for a Felony DWI Conviction

In University Park, you can face felony DWI charges that range from a state jail felony up to a first-degree felony, the most serious possible charge. The penalties you may face for each level of criminal charges are as follows.

State Jail Felony

• Up to 2 years in state jail
• Monetary fine of up to $10,000
• 6-month driver’s license suspension

Third-Degree Felony

• Prison sentence of 2 to 10 years
• Monetary fine of up to $10,000
• Potential 2-year driver’s license suspension

Second-Degree Felony

• Prison sentence of 2 to 20 years
• Monetary fine of up to $10,000
• Potential 2-year driver’s license suspension

First-Degree Felony

• Prison sentence of up to 99 years
• Monetary fine of up to $10,000
• Potential 2-year driver’s license suspension

The court could also give you community service, community supervision (probation), and require you to install an ignition interlock lock on your car. The court may also compel you to go to rehab or counseling at your own expense.

At the conclusion of your license suspension, you must pay an annual surcharge of up to $2,000 to reinstate your license and keep it active. The state assesses this surcharge for three years.

Aggravating circumstances can lead to more serious charges or even additional felonies. These might include:

• Having a minor child in your car (age 14 or under)
• An open container in your car
• Having a blood alcohol concentration (BAC) of .015 or above
• Causing an accident
• Causing property damage
• Causing an accident with serious or life-threatening injuries
• Causing a fatal accident

As a convicted felon, you will lose your right to vote, sit on a jury, or own a gun. And, with a felony conviction on your public record permanently, potential employers could deny you a job and property managers could deny you as a tenant.

A Felony DWI Attorney Can Help You Fight Your Drunk Driving Charges

Based on the seriousness of the penalties associated with this crime, consider exploring your options by talking to a felony DWI lawyer before making any decisions or agreeing to plead guilty.

If you enlist the help of the Law Offices of Randall B. Isenberg, we will:

• Protect your legal rights
• Ensure that you understand your charges and what they could mean for your future
• Explain your alternatives and help you select the best option for you
• Represent you in every aspect of the criminal process
• Represent you at your driver’s license suspension hearing

We will fight to convince the prosecutor to reduce DWI your charges or for the court to dismiss your case. Otherwise, we will use the appropriate legal strategies to build a strong case in your defense and prepare to represent you in court.

Potential Legal Defense Strategies for Felony DWI

Fortunately, we have many potential legal strategies that we can use in your defense against felony drunk driving charges.

To determine the most appropriate strategies in your case, we will obtain all available evidence and evaluate it carefully in search of potential legal rights violations and other errors the police may have made. We will also carefully analyze any chemical BAC testing evidence, to identify any problems that could lead to a wrongful conviction.

Reasonable Suspicion & Probable Cause

The police must have reasonable suspicion that you broke the law before pulling you over. Likewise, they must establish probable cause to arrest you for drunk driving. If the officer in your case failed to do so, or if the police made any errors in the course of administering field sobriety testing, we can use this to negotiate a reduction in charges.

Chemical Testing for BAC 

Breath or blood testing for BAC must comply with established guidelines and standards. Otherwise, the results from testing can be incorrect, leading to a wrongful conviction. Our team will evaluate the breathalyzer or blood test results for any potential violations of these guidelines. If we identify any problems, we can attempt to have the evidence thrown out.

Whatever the circumstances of your felony DWI arrest, our legal team will work hard to build the most robust possible case for you, based on the facts and evidence we have to work with.

Driver’s License Suspension Hearing for Felony DWI

A felony DWI arrest will subject you to a civil process known as Administrative License Revocation (ALR), overseen by the Texas Department of Public Safety (TxDPS).

Once the police arrest you, you must request an ALR hearing within 15 days if you wish to protest your license suspension. Unless you formally request a hearing, TxDPS will suspend your driver’s license automatically.

For this portion of your case, our legal team will provide the following assistance:

• Scheduling your hearing
• Preparing you to give testimony before the judge
• Obtaining critical evidence to help build your case
• Questioning the arresting officer to obtain valuable information
• Making the strongest possible case against license suspension

During the ALR hearing, our legal team will gain critical insight into the prosecution’s evidence. Not only will this allow us to make a case against license suspension, but it will also help us bolster your criminal case as well, as this will be our first opportunity to examine the prosecution’s evidence.

If necessary, we can appeal the judge’s decision to suspend your license or petition the court to grant you a provisional license, which will allow you to drive to work or school and drive to important personal errands.

Click to contact our Felony DWI Lawyers today

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Meet with a Felony DWI Lawyer in University Park Today at No Cost

Talking to a felony DWI lawyer can help you make the best decisions for your future. To learn more about how we can help you, the Law Offices of Randall B. Isenberg offers a no-cost, no-obligation case evaluation. Call today: 214-696-9253.

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Upon conviction for drug possession in University Park, you will face substantial monetary fines and potential jail time. Your conviction will also go on your permanent criminal record, potentially interfering with educational and employment opportunities.

A drug possession lawyer in University Park will protect your legal rights and fight to get your charges reduced or dismissed.

Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule a no-cost consultation and case evaluation.

Drug Possession Penalties in University Park

Almost every possession charge includes the threat of jail time. Fines start at $2,000 and increase substantially for more serious offenses.

Depending on the type and amount of illegal substance you had in your possession, you will face charges that could range from a Class B misdemeanor to a first-degree felony.

The penalties for each potential class of drug crimes are as follows.

In addition to the monetary fines and jail or prison time noted above, you will also have to pay court costs and fees. The court may require you to serve probation, attend rehab or drug education classes, and perform community service.

Finally, a drug possession conviction will go on your permanent public record, visible to anyone who runs a background check on you. This can result in potential employers and landlords denying your application. It can also mean losing scholarships, student loans, and the ability to get into college. You will also be unable to hold many different types of professional licensure, such as those required to practice nursing, teaching, or real estate.

Randall Isenberg and his team can help you fight these penalties. Call today: 214-696-9253.

A Drug Possession Lawyer in University Park Can Help

When you choose University Park drug crimes attorney Randall Isenberg to represent you, you will have an advocate in your quest to fight drug possession charges.

Our legal team will assist you in a variety of important ways. When you enlist our help, we:

• Protect your legal rights
• Answer your questions and help you explore your defense options
• Represent you in all aspects of your case
• Identify legal strategies for building your criminal defense
• Analyze the evidence in your case to identify errors and violations of your rights
• Negotiate with the prosecutor to get your charges reduced or dropped
• If necessary, assist you with your application for diversion or deferred adjudication
• If necessary, prepare your case for court and defend you at trial

We will choose the best possible legal strategies for your defense, based on the facts and circumstances of your case.  The prosecution has to prove your case beyond a reasonable doubt to get a conviction. We focus on establishing reasonable doubt by exposing flaws in the evidence and violations of your Constitutional rights.

Learn more during a free consultation: 214-696-9253.

Understanding Drug Possession Charges in University Park

The Texas Controlled Substances Act (TCSA) provides the definition of drug crimes and establishes the penalties for each. The statutes divide drug possession into two categories: actual possession and constructive possession.

Active Drug Possession

The police will charge you with this crime if you have an illegal substance directly in your possession. This could include your pockets, backpack, purse, or briefcase.

Constructive Drug Possession

The police will charge you with this crime if you have drugs or banned substances in a location you control. This location could be your home, your car, your school locker, or a storage unit you rent.

Whether the police charge you with a misdemeanor or felony will depend on the type of drug in question and the quantity you had in your possession. To simplify this process, the TCSA identifies four primary categories of drugs and two sub-categories.

The TCSA separates controlled substances and illegal drugs into penalty groups based on the nature of the substance. Possession of marijuana and other forms of cannabis fall outside these penalty groups.

Charges for Possession of Common Controlled Substances

You can identify the specific penalties for different penalty groups within the statute. However, consider these common drugs and the charges they may bring:

• Possession of Marijuana, Derivatives, or Paraphernalia: Charges range from a misdemeanor to a first-degree felony, based on the quantity and type of substance in your possession.
• Possession of Cocaine, Heroin, or Meth: Even a small quantity of these drugs can garner charges ranging from a state jail felony to a first-degree felony.
• Possession of Illegal Prescription Drugs: Charges for possessing certain controlled substances without a valid prescription start at a class A misdemeanor. This includes drugs like anabolic steroids, codeine, Xanax, and Adderall.

Enhanced offenses covered in the TCSA include providing drugs to a minor, using a minor to commit a drug possession crime, having a forged prescription, and possessing drugs in a school zone or a designated drug-free zone.

You will also face more severe penalties if you have prior drug offense on your record.

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(214) 696-9253

Potential Drug Possession Defense Strategies

Our legal team will evaluate your case and all available evidence to determine the most appropriate legal strategies for your defense. Some of the most common drug possession defenses include:

Illegal Search and Seizure

If the police discover drug evidence during an unconstitutional search of your person or property, we can request the court declare that evidence inadmissible.

No Actual or Constructive Possession

We can argue that the drugs in question belonged to someone else and that you were unaware of their presence.

The Drugs Had a Medical Purpose

We can argue that the substance in your possession was medically necessary or approved for investigational purposes.

We have many other potential strategies that we can use in your defense, depending on the circumstances in your case. Our team will work to determine the best possible strategies for building your case.

Complete a Free Case Evaluation form now

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Consult a Drug Possession Lawyer in University Park for Free

Randall Isenberg has more than three decades of experience in the criminal justice system, as a criminal defense lawyer, judge, and prosecutor. Our legal team will assist you in considering the options available to you and assist you in making the right choices for your future.

We offer a free consultation to individuals facing drug crimes charges in University Park, including drug possession offenses. Contact us at 214-696-9253 to schedule your appointment.

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When you face criminal charges in University Park, you face the possibility of years or decades behind bars. You also face substantial monetary fines and a permanent criminal record.

You want a legal advocate fighting for your future on your side. A criminal defense lawyer in University Park can explain your options and help you make the best choices for your future. Attorney Randall Isenberg has more than 30 years of experience in the Texas criminal justice system.

To put our experience to work for you, contact the Law Offices of Randall B. Isenberg today at 214-696-9253 for a free legal consultation.

How a Criminal Defense Lawyer in University Park Can Help

At the Law Offices of Randall B. Isenberg, our legal team works hard to achieve the most favorable outcome possible in your case. We provide compassionate and aggressive legal representation, providing the following services to our clients facing criminal charges in University Park:

Protecting Your Legal Rights

Neither the police nor the prosecutor will put your legal rights above all else. As your criminal defense lawyer, we will always make protecting your rights our priority. We will fight to ensure you enjoy every right the law provides you.

Answering Your Questions & Explaining Your Options

You need honest and direct answers about your case and what the pending criminal charges may mean for your future. We will explain your options and help you determine the best course of action for your situation.

Providing Aggressive Representation

When facing serious criminal charges, it is natural to experience fear and worry. Rest assured that our legal team will be by your side every step of the way, preparing you for your appearance and representing you in court.

Fighting Tirelessly for Your Future

You cannot afford to trust your future to fate. When you choose our legal team to represent you, we will do everything in our power to help you achieve the best possible outcome in your case.

Potential Outcomes for Criminal Charges in University Park

We will design our legal strategies around the facts of your case. Depending on your case, it will end with one of the following outcomes:

Dismissal of Charges

For every criminal defense client, our goal is to get the charges dismissed. If we can demonstrate to the prosecutor or the court that the police violated your legal rights or made substantial errors in your case, we can often make a strong argument for dismissing your case.

Reduction of Charges/Plea Bargain

Even if we cannot get the charges dismissed, we may succeed in convincing the prosecutor to reduce your charges to a less serious offense.

Taking Your Case to Court

If the prosecutor will not agree to drop the charges, we will fight on your behalf at trial. The prosecutor must meet a high burden of proof to obtain a conviction. We will build your case with the goal of introducing reasonable doubt in the minds of the jury.

If necessary, we can explore the possibility of appealing a criminal conviction, should we not prevail in court.

Other options we may have, depending on your case, include deferred adjudication and diversion programs. If these options are available, we can explore the possibility of getting you into a program that works for you.

How a Criminal Defense Lawyer in University Park Can Help Your Case

If you have been charged with a crime in University Park, you face the potential of jail or prison time and substantial fines. The court may also give you probation, community service, and other penalties relative to the offense in question.

With a criminal conviction, you will also gain a permanent criminal record. Anyone who runs a background check on you — including potential landlords and employers — will have access to this information. It can impede your ability to get a job, rent a home, get into the college or your choice, or hold a professional license.

The Law Offices of Randall B. Isenberg focuses on criminal defense, representing clients in the following practice areas:

• General Criminal Defense
• DWI
• Felony DWI
• Commercial DWI
• Breath & Blood Test Defense
• Intoxication Assault
• Intoxication Manslaughter
• ALR Suspended License Hearings
• Under 21 DUI
• Underage DWI
• Drug Possession
• Drug Crimes
• Expunction & Non-Disclosure
• Probation Violations
• Weapons Offenses
• Prostitution & Sex Crimes
• Domestic & Family Violence
• Assault, Murder, and Other Violent Crimes

Call our team to discuss your case today: 214-696-9253.

Choosing a Criminal Defense Lawyer Who Gets the Job Done for You

Attorney Randall Isenberg brings more than 30 years of experience to your case. He has spent time as a state district court judge and chief felony prosecutor. He will bring this depth of knowledge to your case, providing unique insight that helps us achieve the best possible outcome for you.

Randall is certified by the National Board of Trial Advocacy as a criminal defense advocate. He also carries a criminal defense certification from the Texas Board of Legal Specialization. He is listed in Martindale-Hubbell’s Bar Register of Preeminent Lawyers and was named a Top Texas Lawyer and one of the “Texas Super Lawyers” by Texas Monthly Magazine.

Our team provides personalized legal representation and proactive communication. We will update you on your case and are always available to answer your questions. We will stand by your side from beginning to end.

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(214) 696-9253

Free Consultation with a Criminal Defense Lawyer in University Park

Criminal charges are scary, but you do not need to face them alone. Before you make any decisions about your case or agree to answer any questions, contact us to schedule a complimentary consultation.

See how a University Park criminal defense attorney can help you today; contact the Law Offices of Randall B. Isenberg at 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253