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Felony DWI attorney offering a plea to a defendant.

Are you facing a felony DWI charge? Don’t navigate the legal complexities alone. Trust the experience of our seasoned Hurst felony DWI lawyer to protect your rights and fight for the best outcome. The Law Offices of Randall B. Isenberg provide confidential consultations for free. Your future deserves a strong defense and attentive, aggressive legal help. 

Learn key elements to successfully handling a DWI case, such as which legal defenses may help the most, how to choose a reputable Hurst DWI attorney, and more.

Key Elements of a Felony DWI Case

The specific elements of a felony DWI case may vary depending on the jurisdiction, but here are some key elements commonly involved:

Prior Convictions

One crucial element that distinguishes a felony DWI from a misdemeanor is the presence of prior convictions. In many jurisdictions, multiple DWI convictions within a specified period can elevate the offense to a felony. The number of prior convictions required to classify a DWI as a felony varies by jurisdiction.

Blood Alcohol Concentration (BAC)

Another essential element is the defendant’s blood alcohol concentration level at the time of the arrest. Generally, a BAC exceeding the legal limit of 0.08% is a common threshold for a DWI charge. However, in felony DWI cases, the BAC might play a more significant role, and certain jurisdictions have lower BAC thresholds for felony charges.

Aggravating Factors

Certain aggravating factors can elevate a DWI charge to a felony. These factors typically involve circumstances that increase the severity or endangerment of the offense. Examples can include driving with a suspended license, causing injury or death while intoxicated, having minors in the vehicle, or having prior felony DWI convictions.

Property Damage

In some cases, significant property damage resulting from a DWI incident can be an element that elevates the offense to a felony. The extent of the damage and the value of the property involved can influence the charges.

Jurisdiction-Specific Factors

It’s important to note that certain jurisdictions in Texas may have additional elements specific to their laws and regulations. These can include factors such as prior felony convictions unrelated to DWI, refusal to submit to a breathalyzer or blood test, or driving with a revoked or restricted license.

Understanding the key elements of a felony DWI case is crucial in building a strong defense strategy. Each element must be carefully assessed, analyzed, and challenged by an experienced Hurst felony DWI attorney to protect your rights and seek the best possible outcome in the case.

Potential Legal Strategies Applicable to Your Case

When it comes to potential legal strategies applicable to a felony DWI case, several approaches can be employed by your felony DWI defense attorney. Legal strategies can vary depending on the specifics of your case and the jurisdiction, but the following common strategies have been the most successful:

  1. Challenging the traffic stop or arrest: If the initial traffic stop or arrest was conducted without probable cause or violated your constitutional rights, our legal firm may seek to challenge the legality of the stop or arrest. This can involve examining the officer’s actions and any evidence obtained as a result.
  2. Questioning field sobriety tests and chemical tests: We can scrutinize the administration and accuracy of field sobriety tests (FSTs) and chemical tests such as breathalyzers or blood tests. We may also challenge the reliability of these tests, faulty equipment, improper procedures, or inadequate training of the administering officers.
  3. Disputing BAC evidence: Contesting the accuracy and admissibility of blood alcohol concentration (BAC) evidence is a justifiable defense strategy. We can challenge the chain of custody, storage conditions, or handling of blood samples, as well as the qualifications and credibility of the testing laboratory personnel.
  4. Investigating breathalyzer calibration and maintenance: As your attorney, we may explore whether the breathalyzer device used was properly calibrated, maintained, and in compliance with relevant regulations. Any issues with the device’s accuracy or maintenance can be raised as potential challenges to the BAC evidence.
  5. Exploring alternative explanations: A skilled defense lawyer may present alternative explanations for the observed behavior or physical symptoms that were attributed to intoxication. This can involve medical conditions, fatigue, or other factors that may have influenced the defendant’s appearance or performance during the arrest.

It’s important to consult with a qualified defense attorney who can assess the specific details of your case and develop a tailored legal strategy. Our method is to draw from the knowledge of applicable laws and precedents to impact the outcome of your case positively.

Average Timeline for Resolving Your Felony DWI Case

The time it takes to resolve a felony DWI case in Texas can vary depending on several factors. These factors include the complexity of the case, the backlog of cases in the court system, the negotiation process, and the potential for trial. While it is challenging to provide an exact timeframe, the average case undergoes:

Investigation and Arrest

This phase occurs immediately after the arrest and involves the collection of evidence, analysis of blood or breath samples, and preparation of the case by law enforcement authorities. This process can take a few weeks to several months.

Pre-Trial Phase

During this phase, the defense and prosecution engage in negotiations on penalties, which may involve plea bargaining or discussions about the strength of the evidence. The timeframe for this phase can vary significantly, ranging from several weeks to several months or longer.

Preparing for Trial

If a plea agreement cannot be reached, the case may proceed to trial. The preparation for trial, including discovery, witness interviews, and evidence examination, can take several months.

Trial

The trial itself can range from a few days to several weeks, depending on the complexity of the case and the availability of the court’s schedule.

Sentencing

If the defendant is convicted or pleads guilty, a separate sentencing hearing may be scheduled. The timeframe for sentencing can vary, depending on court availability and the need for additional assessments or reports.

Considering these factors, the overall timeline for resolving a felony DWI case in Texas can span several months to over a year. Your experienced Hurst felony DWI lawyer can provide a more accurate estimate based on the specifics of your case and the local court procedures.

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Experience the Benefit of a Hurst Felony DWI Lawyer After a Free Consultation

Don’t take the risk of handling your felony DWI case without legal representation. Our experienced DWI lawyers are here to fight for your rights and navigate your case quickly and discretely. Contact us today to schedule a confidential consultation and take the first step toward a strong defense. Your future is too important to leave to chance.

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Flower Mound interstate sign warning motorists not to drive while impaired. Get a felony DWI attorney if you are facing charges.

If you are facing a DWI charge in Texas, having a dedicated and skilled legal team by your side may be the difference between having your freedom taken away or simply paying a fine. At the law offices of Randall B. Isenberg, we specialize in criminal defense and have a proven track record of success in representing clients across the state of Texas.

Our Flower Mound felony DWI lawyers are well-versed in the intricacies of Texas DWI laws. They are prepared to tirelessly advocate for your rights throughout every stage of the legal process. Do you know what to do after being pulled over for DWI? Are you aware of your rights to refuse or if you are required to consent to a breathalyzer test?

This firm’s Flower Mound DWI attorneys provide a free consultation and will explain the potential consequences of a DWI conviction, from license suspension to hefty fines and even incarceration. With our extensive knowledge, experience, and unwavering commitment, our Flower Mound criminal defense lawyers will fight vigorously to protect your rights and work towards a favorable case outcome.

The Timeline of Resolving Your Felony DWI

While an experienced felony DWI defense attorney in Flower Mound, TX, can help manage delays, the typical timeline for resolving a DWI case consists of the following:

  • Arrest to arraignment: Within 48 hours of arrest, you will be brought before a judge for arraignment to be informed of the formal charges and enter a plea.
  • Arraignment to pre-trial motions: Four to six weeks on average for your attorney to obtain evidence, file motions to suppress unlawfully obtained evidence, and negotiate with the prosecutor.
  • Pre-Trial motions to trial: Minimum 30 days between pre-trial and trial for final preparation, though it often takes two to three months to schedule.
  • Trial: One to three days generally for selecting a jury, hearing arguments and evidence, deliberations, and verdict.
  • Sentencing: Typically occurs one to two months after conviction at trial or one to two weeks after a plea bargain agreement.
  • Appeal process: Appeals must be filed within 30 days of sentencing. Appeals progress over six or more months through filings and hearings.

So, in total, a routine misdemeanor DWI case with no trial may be resolved within three to five months from arrest to sentencing. More complex cases involving motions, hearings, and trials can take up to a year or so to finalize. Felony DWIs often extend to over a year. Factors like court backlogs, continuances, plea bargaining, and appeals significantly impact timelines as well.

Did Texas Law Enforcement Legally Enforce Your Breathalyzer or Field Sobriety Test??

According to the Texas Transportation Code, Section 724.011, a person who is arrested for DWI is deemed to have consented to the taking of one or more breath or blood specimens to determine their blood alcohol concentration (BAC). Refusing to provide a breath or blood specimen can result in the suspension of your driver’s license.

The Texas Department of Public Safety (DPS) provides information on the implied consent law and the consequences of refusing a breath test on its website. They state that refusing to take a breath test could result in a 180-day driver’s license suspension for a first refusal and a two-year suspension for subsequent refusals.

It’s important to note that while breathalyzer and field sobriety tests are enforceable, the validity and accuracy of the test results can still be challenged in court. Skilled Felony DWI lawyers in Flower Mound, TX, can evaluate the circumstances surrounding the administration of the tests and any potential errors or procedural issues that could affect their admissibility.

How Much Will It Cost to Hire a DWI Lawyer?

The cost of hiring a felony DWI lawyer in Texas can vary depending on multiple factors, such as the complexity of your case and the experience and reputation of the attorney. It is important to understand that hiring a DWI lawyer is a financial investment because the potential costs of not having legal representation can far outweigh the initial expense.

When facing a DWI charge, the consequences can be severe, including potential fines, license suspension, increased insurance rates, mandatory alcohol education programs, and even imprisonment. A successful felony DWI attorney in Flower Mound can navigate the legal process on your behalf, evaluate the evidence against you, and possibly minimize the impact of the charges.

While it may be tempting to handle a DWI case without legal representation to save money, the potential long-term consequences affect your employment opportunities, reputation, and prospects. Retaining an attorney is a secure shot at having charges reduced or dismissed altogether.

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Determine Your Eligibility for a Reduced, Dismissed, or Expunged Felony DWI Charge for Free

Contact the Flower Mound, TX, felony DWI attorneys today for a free, in-depth case evaluation to develop a successful defense strategy for your felony DWI case. Don’t get taken advantage of by overpromising lawyers who may underdeliver. This is a serious crime that requires an accomplished criminal defense team that can provide the following:

Experience and Expertise

Look for an attorney who specializes in DWI cases and has substantial experience in handling similar cases. DWI laws are complex and constantly evolving, so having an attorney with specific expertise in this area can be invaluable.

Reputation and Track Record

Research the attorney’s reputation and track record. Read client reviews and testimonials and inquire about their successful case results in handling DWI cases. A strong reputation and a history of successful outcomes can provide confidence in their abilities.

Professional Network

A well-connected attorney can leverage their professional network to your advantage. They may have relationships with experts, investigators, and other professionals who can contribute to building a strong defense strategy.

Gut Feeling and Comfort Level

Trust your instincts. After the consultation, evaluate how comfortable you feel with the attorney. It’s important to have confidence in their abilities and feel that they genuinely have your best interests at heart.

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Client celebrating victory with Desoto felony DWI lawyer in court.

Get a deep understanding of Texas DWI laws from the Desoto felony DWI lawyers of Randall B. Isenberg Law Firm. From the first consultation, we fight to protect your rights and advocate for your best interests. If you are facing serious charges of felony DWI in Desoto, TX, our experienced team of attorneys is here to provide you with guidance and unwavering support.

Led by a dedicated team of Desoto DWI lawyers, your case will get the attention needed for a favorable outcome. Our firm is committed to delivering personalized and effective legal strategies tailored to the unique circumstances of your case

Seeking the assistance of a skilled and experienced lawyer is essential to protect your rights, navigate the legal complexities, and work towards the best possible outcome in your felony DWI case.

Comprehensive Legal Support for Those Charged with Felony DWIs 

At our firm, we have extensive experience representing clients facing the most serious DWI charges. Our attorneys are prepared to provide aggressive defense for felony DWI cases in Texas, as well as other offenses. Our firm can manage:

No matter the specific felony DWI charge, our firm has the in-depth experience to build a powerful defense. We aim to get charges reduced or dismissed while minimizing penalties that can permanently alter a life. If you or a loved one are facing a serious DWI offense, we offer a free consultation.

The Risks of Not Using a Quality Felony DWI Lawyer in Desoto, TX

Not using a quality felony DWI lawyer can expose you to various risks and potential consequences that could significantly impact your future. These are the risks associated with not seeking the assistance of a skilled and experienced felony DWI lawyer:

Inadequate Legal Knowledge

Felony DWI cases involve complex legal procedures, intricate statutes, and nuanced defenses. Without a quality lawyer, you may lack the necessary understanding of the law and relevant precedents to navigate your case effectively. This can leave you at a disadvantage when it comes to building a strong defense or negotiating with the prosecution.

Limited Defense Strategies

A quality felony DWI lawyer has the knowledge to assess the specific circumstances of your case and develop tailored defense strategies. Without professional guidance, you may struggle to identify and pursue the most effective defense options. This can result in missed opportunities to challenge evidence, question the legality of the arrest, or present compelling arguments in your favor.

Harsher Penalties

Felony DWI offenses carry severe penalties, including substantial fines, lengthy imprisonment, and the potential loss of driving privileges. A quality lawyer can work to minimize these penalties by negotiating for reduced charges or advocating for alternative sentencing options. Without proper legal representation, you may face more severe consequences and a diminished chance of securing a favorable outcome.

Lack of Support and Guidance

Dealing with a felony DWI charge can be overwhelming and emotionally taxing. A quality felony DWI lawyer not only provides legal expertise but also offers valuable support and guidance throughout the entire process. They can explain the legal proceedings, help you understand your rights, and offer reassurance during a challenging time. Without this support, you may feel overwhelmed and uncertain about the best course of action.

Negative Long-Term Impact

A felony DWI conviction can have long-lasting repercussions on various aspects of your life, including employment opportunities, professional licenses, housing options, and personal relationships. 

A quality lawyer can strive to minimize these long-term consequences by exploring options for expungement or pursuing post-conviction relief. Failing to secure quality legal representation may result in a permanent stain on your record and continued difficulties in the future.

Charges, Penalties, and Alternative Sentencing for a Felony DWI 

Individuals in Texas can face severe consequences if arrested for a felony DWI offense. A DWI charge becomes a felony under certain aggravated circumstances defined by state law. These felony DWIs bring much more substantial penalties compared to regular DWI misdemeanors.

Some of the most common DWI felony charges and penalties include:

  • DWI causing serious bodily injury to another person: Injuries that pose a substantial risk of death or organ/function impairment result in a third-degree felony. Punishments range from two to 10 years imprisonment.
  • A third DWI offense within 10 years: This previous pattern of repeat DWIs triggers an automatic felony charge. Penalties can involve fines up to $10,000, mandatory jail time from two to 10 years, license suspension, ignition interlock device installation, and alcohol education programs.
  • DWI with a child passenger under age 15: Endangering a child’s life by driving impaired is considered a state jail felony. Punishments can include up to two years in state jail, fines, license suspension, and mandatory alcohol education.
  • DWI resulting in wrongful death: This is among the most serious DWI felonies in Texas. Convictions can lead to two to 20 years in prison, along with other harsh penalties.
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Alternative Sentencing Options for Those Facing a Felony DWI 

Depending on the specifics of your case and the jurisdiction in which you are being prosecuted, alternative sentencing options may be available with the help of a Desoto felony DWI attorney. While the availability of these options may vary, here are some examples of alternative sentencing options that a lawyer may pursue on your behalf:

Probation

Probation allows you to remain in the community under specific conditions instead of serving time in jail or prison. These conditions may include regular check-ins with a probation officer, mandatory alcohol or drug treatment programs, attending counseling or educational programs, and refraining from further criminal activity. Successful completion of probation can result in the avoidance of incarceration.

Diversion Programs

Diversion programs, also known as deferred adjudication or pretrial diversion, offer an alternative to traditional prosecution. These programs typically involve a combination of counseling, education, community service, and supervision. If you complete the required program components, the charges against you may be dismissed or reduced.

Substance Abuse Treatment

If substance abuse is a contributing factor to the DWI offense, a quality lawyer may advocate for court-ordered substance abuse treatment programs. These programs aim to address the underlying issues related to alcohol or drug dependency and provide the necessary tools and support to overcome addiction.

Community Service

In some cases, a quality lawyer may negotiate for community service as an alternative to incarceration. Community service involves:

  • Performing unpaid work for a specified number of hours in the community, such as cleaning public spaces.
  • Assisting in charitable organizations.
  • Participating in community improvement projects.

House Arrest or Electronic Monitoring

In certain situations, a lawyer may seek house arrest or electronic monitoring as an alternative to confinement in a correctional facility. This allows you to serve your sentence at home while being monitored by electronic devices, such as ankle bracelets, to ensure compliance with the imposed restrictions.

Restitution

In cases where the DWI offense causes financial damages, a lawyer may work towards securing a restitution arrangement. Restitution involves compensating the victim or affected parties for their losses, such as medical expenses, property damage, or lost wages.

Our firm will assess your situation, consider the relevant factors, and advocate for the most appropriate alternative sentencing options to help mitigate the potential consequences of your conviction.

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Find a Desoto Felony DWI Lawyer Today to Protect Your Future

Facing a felony DWI charge is extremely serious, with devastating consequences for one’s life and future. Those arrested for aggravated DWI crimes in Texas should immediately retain legal counsel to mitigate damages. An experienced attorney at Randall B. Isenberg Law Firm can advise you on successful defenses and negotiate the best achievable resolution.

With a proven track record of success, we are prepared to fight vigorously to mitigate the potential consequences and safeguard your future. Trust in our experience as we navigate the complexities of the legal system on your behalf, striving for the most favorable outcome possible. Contact us for a free and discrete initial consultation today. 

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Defendant celebrating victory after beating felony DWI charges in Coppell, TX. Experience victory by retaining legal counsel.

Felony DWI, also known as Felony Driving While Intoxicated, refers to a serious criminal offense in which an individual is charged with driving under the influence of alcohol or drugs. In the context of Texas law, a DWI offense becomes a felony under specific circumstances. Entrusting a Coppell felony DWI lawyer to handle your case is critical in protecting your best interest.

Our Coppell DWI attorneys have decades of experience with felony cases. We have an extensive track record of felony DWI victories and will fight for you to maintain your freedom. Don’t settle for a cheap lawyer or attempt to represent yourself if your legal knowledge is limited. Your future is worth the investment of successful, aggressive legal support. 

How Texas Defines a Felony DWI

In Texas, a DWI charge typically starts as a misdemeanor offense. However, it can be elevated to a felony if certain criteria are met. One circumstance that can lead to a felony DWI charge is when an individual has been convicted of DWI two or more times within 10 years. Upon the third offense, the charge is upgraded to a felony, carrying more severe penalties and consequences.

Additionally, a DWI offense can also be classified as a felony if it involves an accident resulting in serious bodily injury or death. This means that if a person causes a DWI-related accident that leads to significant harm or the loss of life, the charge will automatically be elevated to a felony offense. The specific legal provisions governing felony DWI in Texas can be found in the Texas Penal Code, sections 49.04 and 49.09.

Common Felony DWI Charges in Texas

In Texas, there are several common felony DWI charges that individuals can face based on specific circumstances. These charges carry significant legal consequences and potential long-term impacts, so it is highly advised to seek legal help from an experienced Coppell felony DWI attorney as soon as possible. Common felony DWI charges in Texas include:

  1. Third DWI Offense 
  2. DWI with a child passenger under 15 years old (Texas Penal Code 49.045)
  3. DWI with serious bodily injury to another person 
  4. DWI with the death of another person (Texas Penal Code 49.08)

These are just a few examples of common felony DWI charges in Texas. Other factors, such as prior convictions, aggravating circumstances, and the specific details of the case, can also impact the charges and penalties. If facing any felony DWI charges, seek legal help from a skilled felony DWI lawyer in Coppell, TX, who can provide advocacy and legal support.

Possible Defenses a Felony DWI Lawyer Can Use

Our Coppell felony DWI lawyers are meticulous and will thoroughly examine the stop, investigation, testing, and arrest to build an ironclad defense. We work to protect your rights and strive to reach a favorable outcome that safeguards your future. Successful defenses used in DWI cases include:

  • Invalid traffic stop: A lawyer can argue there was no probable cause for the initial traffic stop, making any subsequent DWI investigation invalid (Texas Code of Criminal Procedure Art. 38.23).
  • No reasonable suspicion for field sobriety tests: The officer must have reasonable suspicion of intoxication before conducting field sobriety tests. A lack of reasonable suspicion means test results can be excluded.
  • Errors in blood/breath testing: Issues with calibration, administration, or chain of custody for blood/breath tests may invalidate results (Texas Transportation Code 724.064).
  • Violations of defendant’s rights: Any violations of rights, such as denied access to an attorney, can lead to evidence being excluded (U.S. Constitution Amendment 6).
  • Insufficient evidence: Weak, circumstantial, or flawed evidence may result in acquittal if the lawyer mounts an aggressive challenge.
  • Medical conditions: Certain medical disorders like diabetes can cause failed field sobriety or breath test results that mimic intoxication.
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Understanding the Penalties for Felony DWI in Texas

Knowing the penalties for felony DWI in Texas will help those accused to understand their felony DWI attorney’s legal strategy. The following penalties are commonly associated with felony DWI offenses in the state:

What Your Felony DWI Punishment Means

  • Fines: The exact amount of the fine will depend on the specific circumstances of the case and any prior convictions.
  • Incarceration: Felony DWI offenses carry the possibility of imprisonment. The length of the prison sentence can vary depending on the severity of the offense and any aggravating factors. The court will determine the specific duration of the sentence.
  • Driver’s license suspension: A felony DWI conviction in Texas can lead to the loss of driving privileges. During the suspension period, you will not be allowed to operate a motor vehicle legally.
  • Ignition interlock device: In many felony DWI cases, the court may order the installation of an ignition interlock device (IID). An IID is a breathalyzer-like device that is installed in the individual’s vehicle, and it requires the driver to provide a breath sample before starting the vehicle. 
  • Community supervision or probation: Instead of or in addition to incarceration, the court may impose community supervision or probation for felony DWI offenses. This involves being placed under the supervision of a probation officer and complying with specific conditions, such as regular check-ins, attending counseling or treatment programs, and refraining from alcohol or drug use. 

The court may consider additional factors when determining the penalties, such as the defendant’s criminal history, level of remorse, and willingness to seek treatment. Retaining a knowledgeable lawyer in Coppell who specializes in Texas DWI defense increases your chances of receiving a reduced charge or better.

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Finding a Coppell Felony DWI Lawyer to Represent Your Case

Hiring a top-rated felony DWI lawyer in Coppell, TX, is crucial when facing serious charges, as they can provide invaluable guidance, representation, and advocacy throughout the legal process. There are some key reasons why hiring a felony DWI lawyer is important:

Experience Handling Felony Cases

A felony DWI charge is a complex and serious matter that requires a lawyer with experience in handling similar cases. Felony DWI cases involve intricate legal procedures, evidentiary challenges, and potential sentencing enhancements. 

An experienced felony DWI lawyer will have a deep understanding of the legal system, knowledge of courtroom procedures, and familiarity with the strategies necessary to navigate these complex cases effectively.

Knowledge of DWI Laws

DWI laws can be intricate and vary from state to state. A skilled felony DWI lawyer will possess comprehensive knowledge of the specific DWI laws in Texas, including the relevant statutes, case precedents, and legal defenses. Our legal team’s knowledge allows us to assess the strengths and weaknesses of the prosecution’s case and develop a defense strategy that is tailored to the unique circumstances of your case.

Winning Defense Strategies

Our felony DWI lawyer in Coppell, TX, will develop unique defense strategies based on the specific facts and evidence of your case. If needed, we will employ experts to collaboratively investigate the circumstances surrounding the arrest and examine the reliability of the chemical tests. Our job is to challenge the legality of the traffic stop or arrest and analyze any potential constitutional violations. 

Expert witnesses, such as forensic toxicologists or accident reconstruction specialists, will be present to provide testimony that supports your defense. By developing a robust defense strategy, our Coppell DWI defense attorneys can work towards reducing charges, negotiating plea agreements, or securing an acquittal at trial.

Protection of Rights and Interests

The impact of a felony can destroy your life. Our felony DWI lawyers are committed to protecting the rights and interests of their clients throughout the legal process and after we’ve won. We will ensure that your constitutional rights, such as the right to due process and protection against unlawful searches and seizures, are upheld and will work to minimize the potential negative consequences of a DWI.

Legal Guidance and Support

Facing a felony DWI charge can be overwhelming and stressful. Our criminal defense law firm provides the necessary legal guidance and support to navigate the entire process. We will explain the legal proceedings, options, and potential outcomes, allowing you to make informed decisions. 

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Do You Need a Felony DWI Lawyer to Fight Your Case in Coppell, TX?

Hire a Coppell felony DWI lawyer with experience handling felony cases, extensive knowledge of DWI laws, and the ability to develop strong defense strategies, which is crucial when facing serious charges. 

The criminal lawyers at Randall B. Isenberg Law Firm will provide the necessary guidance and advocacy to help navigate the legal process and work towards the best possible outcome. Contact us today. 

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Arlington Felony DWI Lawyer

A felony DWI arrest in Arlington can be the beginning of a long nightmare. The penalties for a conviction can be severe, and prosecutors take these cases very seriously. Felony DWI convictions in Texas carry mandatory jail sentences, expensive fines, and a host of negative long-term consequences. They can also destroy your professional reputation. At the very least, you should consider retaining an Arlington DWI lawyer who handles felony DWI cases. 

At the Law Offices of Randall B. Isenberg, our Arlington criminal defense lawyers will fight for you when the outcome matters the most. An arrest and an actual conviction are not the same thing, and our DWI lawyers have a track record of securing “not guilty” verdicts for clients. We fight for your legal rights from the moment you put us on the case. Call now to connect with our team.

How an Arlington Felony DWI Lawyer Can Help You

In felony drunk driving cases, Arlington prosecutors represent the state’s interests. Our felony DWI attorneys, on the other hand, represent only you. It is our job to present your case in the best possible light and refute your criminal charges. We offer legal representation from a firm founded by a former Dallas County Prosecutor and State District Court Judge––none other than Randall B. Isenberg. 

When we represent you on a felony DWI charge, we use the experience and knowledge we acquired working on both sides of the aisle to give you the best possible chance at a positive outcome. 

We Build and Implement a Comprehensive Defense Strategy

While it may seem like a failed breathalyzer or blood test is irrefutable evidence in the prosecution’s favor, there are strong potential defenses against felony DWI charges. Examples of potential defenses we can mount in your case include:

  • The police didn’t have probable cause to pull you over: Arlington police cannot simply pull you over without probable cause. If we can find witnesses or video evidence to challenge the initial traffic stop, we can move to have your case dismissed. 
  • The forensic evidence isn’t reliable: The results of the breathalyzer or blood test are the heart of most DWI cases in Arlington. However, these machines must be operated in an extremely specific manner to yield reliable results. Factors such as when you had your last meal can impact the results of a breathalyzer test. If we can cast doubt on the forensic evidence in your case, it may lead to an acquittal.
  • You weren’t read your rights. The police must read your rights upon making an arrest, sharing that anything you say could be used against you. If you admitted something at the arrest scene but weren’t read your rights, we can move to have statements you made dismissed. 

These are just some of the defenses we may employ on your behalf. We consider your criminal record, the details of your arrest, and other factors when advocating for your future. Call the Law Offices of Randall B. Isenberg now to learn more about our criminal defense attorneys and what they can do for you. 

We Fight to Maintain Your Driving Privileges

Your criminal charges are just part of a felony DWI case. After your arrest and processing, the Texas Department of Public Safety (TxDPS) will start a process called Administrative License Revocation (ALR). It will notify you by mail that this process has begun, and if you do not request a hearing, your license will be automatically suspended. This suspension will occur no matter what the outcome of your trial is. 

One of the services our DWI lawyers can provide is filing your request for an ALR hearing and then representing you at the hearing. We will fight as hard for you to keep your license at the ALR hearing as we fight your Arlington DWI charge. 

When Does the State Consider a DWI to Be a Felony?

Many first-time DWIs are misdemeanor charges. However, per Texas’s Penal Code, these factors can elevate a DWI from a misdemeanor to a felony: 

  • Being arrested for DWI with a child under 15 in the vehicle (state jail felony)
  • Being arrested for DWI in connection with an injury accident (intoxication assault, a third-degree felony)
  • Being arrested for DWI in connection with a fatal accident (intoxication manslaughter, a second-degree felony)
  • Being arrested for DWI for the third (and any additional DWI arrests) (third-degree felony) 

Felony DWI Convictions Carry Severe Penalties

Felony convictions of any kind can carry severe penalties, and DWI is no exception. If you’re convicted of a felony DWI in Arlington, you may face the following penalties:

  • Third-degree felony: Between two and 10 years in state prison
  • Second-degree felony: Between two years and 20 years in state prison
  • First-degree felony: Between five and 99 years in state prison

The judge in your case may fine you up to $10,000. In addition to these legal penalties, the TxDPS will suspend your license for at least 180 days. More importantly, a felony DWI conviction in Texas cannot be expunged from your record. 

Convictions can disqualify you from possessing professional licenses and complicate your efforts to secure employment and housing for the rest of your life. 

That is how high the stakes are in a felony DWI trial, and it’s also why our team will fight so hard to maintain your freedom. We do not want to let one bad night or an unfortunate experience with the police ruin your future, and your DWI lawyer will do everything in their power to keep a criminal record from affecting your future.  

Talk to an Arlington Felony DWI Lawyer Today

If Arlington police have arrested you for felony DWI, the clock has already begun ticking on both your physical freedom and your driving privileges. A felony DWI conviction will have negative consequences that last a lifetime. A good way to avoid these consequences is to have an Arlington DWI lawyer fight the charges on your behalf.

If you are facing a felony DWI charge, the sooner you secure legal representation, the better. The Law Offices of Randall B. Isenberg prides itself on helping people win the fight of their lives. We are here for you when it matters the most. Contact our office for a free case evaluation, and find out how an Arlington felony DWI lawyer from our firm can fight for you. 

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Can Teens Be Charged as Adults in Texas

The juvenile justice system in Texas works under the principle of rehabilitating young offenders instead of subjecting them to the same punishments as adults. However, there are some circumstances in which teens can be charged as adults, typically based on the severity of the alleged crime, their age, and other factors. 

These circumstances are outlined in the Texas Family Code. A teen can be tried as an adult if they’re facing criminal charges such as murder, aggravated sexual assault, and certain drug crimes. If you’re concerned about your teen being tried as an adult following an arrest, it benefits you to have a criminal defense lawyer in Dallas. Being convicted of any crime at a young age could change the trajectory of your child’s life forever.  

Teens Can Be Charged as Adults in Texas

Keeping your child out of the adult court system in Texas is important for several reasons. Firstly, the juvenile justice system is designed to focus on rehabilitation rather than punishment, offering more opportunities for counseling, education, and support. Your child could benefit from these resources and make much-needed changes as necessary. 

Also, a conviction in adult court can have long-lasting consequences for a young person’s future, including limited educational and employment opportunities. What’s more, there aren’t separate jails or prisons for younger offenders. If convicted, they will be incarcerated alongside offenders double their age. 

The State Could Charge a Juvenile With These Crimes

Per the Texas Juvenile Justice Department, a juvenile is someone between the ages of 10 to 16 years old. Texas is one of only four states that automatically prosecutes 17-year-olds as adults. 

Juveniles are punished based on the severity of their crimes and their criminal record. Common juvenile crimes include:

Larceny (Theft)

Larceny involves stealing items, such as from friends, family members, and retail stores. The penalties for juvenile larceny can vary depending on the value of the stolen items and the juvenile’s prior criminal record. Common penalties may include probation, community service, restitution to the victim, or placement in a juvenile detention center.

Vandalism

Vandalism may involve defacing restrooms, painting graffiti, or inflicting damage to bikes, cars, or other items. This crime may lead to a $500 fine or even more, depending on the cost of repairing the damage. The more severe the vandalism, the more likely it is to result in juvenile detention.

Assaults

Fighting with classmates, teachers, and family can result in an assault charge. This can have consequences such as probation, mandatory counseling, community service, or juvenile detention. In more serious cases, teens may be transferred to adult court and face harsher penalties, including incarceration.

Drug and Alcohol-Related Offenses

Simple drug possession can come with fines and a term in juvenile detention. Teens caught engaging in underage drinking or related offenses may be punished with the loss of their driver’s license and fines. In more severe cases, such as drug trafficking or driving under the influence (DUI), juveniles may face felony charges and possible long incarcerations either in a detention center or an adult prison.

What Happens if a Juvenile Is Prosecuted as an Adult?

For extremely serious or violent offenses, a juvenile court may waive its jurisdiction over a teen and transfer the case to adult criminal court. According to Tex. Fam. Code – FAM § 54:

  • A 14-year-old can be placed in the adult criminal justice system if they allegedly committed (1) a capital felony, (2) a first-degree felony, or (3) an aggravated controlled substance felony. 
  • A 15-year-old can be placed in the adult criminal justice system if they have allegedly committed a second-degree or third-degree felony or a state jail felony.

Teens in these cases may be subjected to the same penalties as adults. In addition to age, the juvenile court evaluates other factors before deciding whether to transfer a teen to the adult justice system, including: 

  • The teen’s level of maturation and sophistication
  • The teen’s previous record
  • Whether the teen is thought to pose a danger to the public
  • The likelihood that the juvenile can be rehabilitated

Just like an adult, the prosecutor must still pursue an indictment against the teen from a grand jury. The case will be dismissed if the grand jury does not return with an indictment and the case is not transferred back to juvenile court. 

Defendants Have the Right to Partner With Criminal Defense Lawyers

Many of the same strategies used to defend adults can be used to help teens. However, these cases are unique because if there was a transfer hearing to decide whether the teen should be tried as an adult, their criminal defense attorney could challenge this decision. 

For example, an attorney may argue that the teen is better served by remaining in the juvenile justice system. They could also advocate for a juvenile-specific sentence and suggest other alternatives to adult prison that consider their young age and potential for reform.

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What Are the Defenses to Juvenile Crimes in Texas?

Defenses to juvenile crimes in Texas include lack of intent, self-defense, and mistaken identity. Additionally, a lawyer might contend that the minor was acting under the influence of others when they committed the crime. Some common defenses include the following:

  • Arguing that law enforcement did not collect evidence legally or follow the proper procedures during their investigation
  • Proving that the teenager did not commit the crime or had an alibi 
  • Demonstrating that the young person who committed the crime is remorseful and has no criminal history

It is crucial to note that each case is unique, and the defense strategy will depend on the specific circumstances surrounding the alleged crime. 

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Contact the Law Offices of Randall B. Isenberg for Legal Help

Are you concerned that your teen will be charged as an adult? Contact the criminal defense lawyers at the Law Offices of Randall B. Isenberg to discuss your teen’s case and explore a defense strategy. We will thoroughly analyze the evidence, interview witnesses, and challenge any violations of your teen’s rights. 

We understand the unique complexities of juvenile cases and will work tirelessly to protect your teen’s future and secure a fair outcome. Reach out to our legal team today for a confidential case review.

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