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When a police officer asks you to take a blood alcohol concentration (BAC) test, you can decide whether you should take a blood, breath, or urine test. Blood samples tend to be more accurate than breathalyzer tests, so this may be the best option.

Blood, breath, and urine tests are all designed for one purpose: to determine the amount of alcohol or drugs in your system. If your BAC is .08 or higher, you are considered legally drunk and may be charged with driving while intoxicated (DWI).

Driving While Intoxicated is a Serious Charge

DWI penalties vary considerably, depending on how many prior convictions you have and whether you are facing additional charges (e.g., driving with an open container of alcohol). During a first DWI conviction, per the Texas Department of Public Safety (DPS), you could face:

Up to 6 months in jail
A $2,000 fine
Up to 1 year without your driver’s license

With a second conviction, the penalties get more arduous. They may include:

Up to 1 year in jail
A $4,000 fine
Up to 2 years without your driver’s license

By the third offense, the maximum penalties increase to:

Up to 10 years in prison
A $10,000 fine
Up to 2 years without your driver’s license

Other Negative Effects of a DWI Conviction

These are the punishments a judge may order for you. Each can negatively affect your life in a number of ways, including:

Making it more difficult for you to maintain or find a job
Depriving you of the right to vote or own a gun
Altering how the people in your life think about and interact with you
Putting financial stress on you and your family
Taking a toll on your mental health

You will naturally want to do whatever you can to avoid a conviction that requires such penalties. One way to help yourself is by hiring a DWI lawyer to fight the charges on your behalf.

Getting Legal Help with Your DWI Charge

How can you avoid facing penalties like those outlined above? One way is to hire a DWI lawyer from our firm. We can educate you about your rights and fight hard to make sure the legal system respects those rights. We may perform some or all of the following tasks during your case.

Bargaining with the Court

The charge you face comes with life-altering penalties. One of our attorneys can help you fight a DWI charge by asking a judge to:

Drop the charges: With a strong enough defense, your lawyer can argue that the case against you has no basis and should not stand.
Reduce the charges: As an example, your lawyer may fight to have you charged with roadway obstruction instead of a DWI. This way, you are no longer at risk of losing your license.

Building a Strong Defense

Our firm’s goal is to create a case that either shows you are not guilty or introduces enough doubt in the jury member’s minds that they must acquit you. An attorney from our team can do this by collecting evidence such as:

Police records
CCTV footage
Witness testimony
Expert testimony
Photographs and video

This evidence can help us construct your defense by:

Establishing police error or misconduct
Demonstrating that you are not guilty
Undermining the prosecution’s claims

Representing You at the Trial

As already discussed, we may be able to eliminate the need for a trial by getting the charges dropped. If your case does go to trial, your lawyer will take all necessary steps to prepare and present your case, including:

Preparing trial exhibits from the evidence our team has gathered
Submitting exhibits and all other materials to the court
Presenting oral arguments before a judge and jury
Finding witnesses to testify on your behalf
Questioning witnesses on the stand

Your Rights After a DWI Stop

As soon as you are arrested, you have consented to take a BAC test under the law. The arresting officer has every right to ask you to submit to a test. This is according to Texas Transportation Code § 724.011. If you refuse to take a test, you will:

Have to sign a statement documenting your refusal
Undergo license suspension
Receive a temporary license

If you believe that law enforcement violated your rights in any way during your traffic stop, arrest, or questioning, be sure to tell our team right away. This can become a significant part of your case.

Speak to a Member of Our Law Firm Today

Whether you took a blood, breath, or urine test, our team at the Law Offices of Randall B. Isenberg wants to help you avoid a DWI conviction and all of the penalties that come with it. With over 30 years of legal experience, Randy Isenberg knows how to ensure that the law treats you fairly. Call our firm at (214) 696-9253 for a free consultation today.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

The cost of a DWI lawyer depends on various factors, including:

How complicated your case is
How long it takes to build and present your defense
What type of fee agreement you sign with your lawyer

What a DWI Lawyer Can Do for You

If you have been accused of driving while intoxicated (DWI), you will want to do everything you can to avoid a conviction. This may include hiring a DWI lawyer to defend you.

What is a DWI lawyer’s job? In other words, what can they do for you? An attorney from our firm can do everything possible to build your defense, including:

Providing you with a free consultation: When you first call our law firm, we will be happy to assess your case at no cost or obligation to you.
Exploring your options: Your attorney will assess and explain all possible ways of approaching your case. This will help you make stronger legal decisions.
Investigating your case: Evidence such as surveillance footage and witness statements can introduce doubt to the jury, compelling them to let you go.
Seeking a dismissal or reduced charges: With sufficient evidence, your lawyer can ask a judge to dismiss all charges or charge you with a crime that carries lesser penalties.
Representing you in court: If your case does go to trial, your lawyer will present your case before a judge and jury, striving to undermine the prosecution’s case.

Paying Legal Fees

Law firms may use various payment methods and fee structures. This is one of many things you should discuss with a prospective firm before you hire anyone.

DWI Penalties Can Be Very Severe

You may be reluctant to spend money on a DWI lawyer. However, not investing in legal representation can end up costing you far more. Per the Texas Department of Transportation (TxDOT), a DWI conviction can be costly. This is especially true if you have been convicted before.

Penalties That a Court May Hand Down

If this is your first DWI charge, then you could:

Face a fine of up to $2,000
Lose your license for as long as 1 year
Go to jail for up to 6 months

Penalties get more severe with a second conviction. You could:

Face a fine of up to $4,000
Lose your license for as long as 2 years
Go to prison for up to 1 year

By the time of your third conviction, you might:

Have to pay a fine of up to $10,000
Lose your license for as long as 2 years
Go to prison for up to 10 years

Certain Charges May Increase Your Penalties

All of the penalties above will cost you money: fines take money directly out of your pocket, while a license suspension and jail time make it more difficult (if not impossible) for you to get to work. You may lose even more money if convicted of other alcohol-related offenses such as:

Driving drunk with a child present in the vehicle
Having an open container of alcohol in the vehicle
Intoxication assault

Additional Penalties

Penalties like those described above are serious enough on their own. However, they do not represent the complete picture of how your life can change after a conviction. You may also:

Lose your job
Have trouble finding a job or a place to live
Lose certain rights (e.g., the right to own a gun)
Have to pay court fees
Suffer psychological damage from your time in jail or prison

You can never expunge a DWI conviction from your record. The only way to prevent all of these penalties is to avoid a conviction. A DWI lawyer from our firm can help you do just that.

Why DWI Penalties are So Severe

It is against the law to drive drunk in any state, including Texas. This is according to Texas Penal Code § 49.04. Unfortunately, many people in Texas fail to follow this law. According to a 2020 National Highway Transportation Safety Administration (NHTSA) report:

In 2019, 1,332 people died in alcohol-related traffic accidents.
Of all traffic fatalities in the state, 37 percent are alcohol related.
Texas has the fifth–highest percentage of alcohol-related traffic fatalities in the country.

The high rate of alcohol-related traffic fatalities is part of the reason why authorities take cases of drunk driving—and even suspected drunk driving—so seriously. If you face a DWI charge, you should take it seriously as well and consider hiring our firm to protect your rights.

Get a Free Case Review

Contact our team at the Law Offices of Randall B. Isenberg to learn more about how much a DWI lawyer costs and what you get for your money. You can reach us at any time at (214) 696-9253. We are dedicated to providing our clients with responsive legal care, and we are ready to go to bat for you.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

According to the Texas Attorney General, someone in Texas can be charged with domestic violence if they committed a harmful act toward a family member, household member, or domestic partner. You may be charged with domestic violence if you acted in a way that resulted in the following toward someone you are dating, live with, or are related to:

Physical harm
Assault
Sexual assault

People Who Can Be Charged with Domestic Violence

As explained by the United States Department of Justice (DOJ), you may be charged with domestic violence if you committed felony- or misdemeanor-level acts against people who fall into the following categories.

Family Members

Domestic violence charges may be brought against you if you assaulted or otherwise hurt a family member. Texas defines a family member as someone related to you by blood or marriage.

These members could include:

Spouses and former spouses
The mother or father of your child
Foster children
Foster parents

Household Members

If you hurt someone you live with, even if they are not related to you, you may be charged with domestic violence in Texas.

This could include a current or former romantic partner, even if you are not married, or a partner’s family members, roommates, or unrelated dependents.

Relationship Partners

You can be charged with domestic violence for assaulting your girlfriend, boyfriend, ex-wife, or ex-husband.

This form of domestic violence is commonly referred to as “dating violence.” It occurs when one person harms someone with whom they have an ongoing intimate or romantic relationship.

What is Considered Domestic Violence in Texas?

Domestic violence is considered an act that can result in physical harm or be defined as assault or sexual assault under Texas law.

Physical Harm

Physical violence occurs when one person harms a domestic partner, household member, or family member, by hitting them, kicking them, or hurting them using another kind of force.

In order to be charged with domestic violence, physical harm had to have taken place. However, there is a difference between physical violence and assault.

In some cases, you may be charged with abuse if you are found to have emotionally or mentally scarred a household or family member by threatening to harm them.

Assault

According to Texas Penal Code §5.22.01, you could receive a domestic violence assault charge in Texas if you committed an offense that:

Caused bodily injury to another
Threatened bodily injury to another
Caused physical contact to another that you know, or should know, would be offensive or unwelcome

To be considered assault, the court would have to prove that you intentionally, knowingly, or even recklessly committed the act.

Sexual Assault

You can be charged with sexual assault in Texas if you committed a sexual assault against a household member, family member, or romantic partner without their consent.

Sexual assault charges apply if the act was nonconsensual and involves:

Penetration of another person’s anus or sex organ
Penetration of another person’s mouth with your sex organ
Causing another person’s sex organ or mouth to come into contact with your mouth or sex organ

Any sexual act with a child under the legal age is not consensual, can be considered a form of domestic violence, and can result in charges against you. This is true even if you are unaware of the child’s age at the time of the offense.

Charges for Domestic Violence in Texas

Charges for domestic violence in Texas may carry a number of different legal consequences depending on the type of offense, whether you have been charged with domestic violence before, and other factors.

Misdemeanor and Felony Charges

According to Texas Penal Code §5.22.01:

Assault is typically a Class A misdemeanor charge.
Sexual assault is a second-degree felony.

Texas Penal Code §§5.12.21 and 5.12.33, respectively, explain that these charges come with the following penalties:

Class A misdemeanor: a fine up to $4,000 and up to one year in jail, or both
Second-degree felony: prison time of two to 20 years and a fine of up to $10,000

Changes to One’s Permanent Record

In addition to the jail or prison time and fines, such changes could leave a mark on your permanent record and affect other aspects of your life as well.

Get Help from an Attorney If You are Being Charged with Domestic Violence in Texas

As a former senior chief felony prosecutor and state district trial judge with 30 years of experience, attorney Randy Isenberg knows what can lead to a domestic violence charge in Texas. He is ready to put his experience to work on your case.

Learn what a lawyer can do for you and explore your legal options today. Contact the Law Offices of Randall B. Isenberg at (214) 696-9253 now for your free consultation.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

firefighters at the scene of an accident

Leaving the scene of an accident in Dallas, Texas, is called a hit-and-run. If you are caught after unlawfully leaving an accident scene, you could face imprisonment, a fine, or both.

What is the Penalty for Leaving the Scene of an Accident?

Hit-and-run penalties vary depending on how much damage the accident caused. Some examples are discussed below.

Penalties for Damage-Only Accidents

If someone inflicts less than $200 worth of property damage before leaving the scene, they have committed a Class C misdemeanor. Per the Texas Politics Project, such a crime is punishable by:

A maximum fine of $500
No jail time

An accident that results in more than $200 worth of damages is a Class B misdemeanor, which is punishable by:

A maximum fine of $2,000
A maximum jail sentence of 180 days

Penalties for Injury and Fatal Accidents

The more serious the accident was, the stricter the penalties for leaving the scene. A hit-and-run involving a serious injury classifies as a third-degree felony. It carries penalties such as:

A maximum fine of $10,000
A maximum prison sentence ranging from 2 to 10 years

Finally, leaving the scene of a fatal accident is a second-degree felony, which carries penalties such as:

A maximum fine of $10,000
A maximum prison sentence ranging from 2 to 20 years

How Can a Lawyer from Our Firm Help if You are Accused of a Hit-and-Run?

With an attorney’s help, you may find it easier to build a strong defense, fight the charges against you, and protect your civil rights throughout the process. Here is a brief summation of how a defense lawyer from our firm could support you.

Investigating the Accident

The prosecution has already conducted their own investigation and decided that you are guilty. Our team can also investigate the accident and your arrest, looking specifically for evidence that weakens the prosecution’s case. This may include:

Eyewitness testimony
Footage from surveillance cameras or witnesses
Photos or videos from you
Police records

Fighting the Charges

Your lawyer can deal with the charges against you in several ways. They may fight for:

A dismissal: This would mean that law enforcement completely dropped the hit-and-run charge. You would be free to leave without facing any further penalties.
A reduction: For example, your lawyer may try to get your charge reduced from a felony to a misdemeanor. As already discussed, misdemeanors carry much lighter penalties than felonies.

At no point in this process do you need to speak directly with the prosecutor or the individual accusing you. Your attorney can handle all communications on your behalf and will let you know if and when other parties wish to convey a message.

Going to Court

With a lawyer from our team on your side, you will not have to worry about making speeches, navigating courtroom rules, and so on. Your attorney can take care of everything, including:

Submitting evidence
Locating witnesses
Questioning witnesses
Opening and closing statements

Answering Your Questions

If you ever have questions or concerns about your case, do not hesitate to contact our team. Our most important job is to make sure you understand your rights and are equipped to make the best possible legal decisions.

Call the Attorneys at Law Offices of Randall B. Isenberg for a Free Consultation

If you have been accused of leaving the scene of an accident in Dallas, call our team at Law Offices of Randall B. Isenberg. We can help you build the strongest possible case and protect your rights throughout the legal process. You can reach us 24/7, and the initial consultation is always free. Call at (214) 696-9253 now.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

texas department of public safety driver license division

According to the Texas Department of Public Safety (TxDPS), an occupational or restricted license is a type of provisional license available by court order. Also known as an essential need license, it gives a driver with a suspended license the ability to legally drive from their home to:

Work
School
Essential errands

Applying for an Occupational or Restricted License

If you are legally prohibited from driving due to license suspension, it can make the demands of work, school, and family life difficult. It can be especially trying if you live in a suburban or rural area with little or no access to public transportation.

Obtaining an occupational license can involve a plethora of paperwork and provisions. When you are ready to complete your application, be prepared to provide TxDPS with:

A certified copy of your petition
A certified copy of your court order granting the license
Proof of financial responsibility with an SR-22 certificate
Proof of that you paid all associated fees (occupational license fee and reinstatement fees)

There May Be a Waiting Period for Your Occupational License

It may help to apply for an occupational license with the help of a lawyer from our firm. Note that the application process is time-consuming and complex. Not every Texan with a suspended license will receive an occupational license—at least, not right away.

Your application might be subject to a waiting period if any of the following apply:

You had a previous license suspension for a drug or alcohol driving offense. A 3-month waiting period applies.
Your driver’s license suspension was due to a drug- or alcohol-related conviction. A 6-month waiting period applies.
You received 2 or more administrative license revocations on your driving record. A 1-year waiting period applies.

In some cases, a judge can issue a waiver for the waiting period.

If refusal of an occupational license would create a hardship for your family, consult the case assessment team at our law firm. A lawyer from our team might be able to help you fight back against a suspended license and build a case that allows you to obtain this specialized license. However, it’s important to understand that occupational licenses are never available for any form of commercial driving.

Our Law Firm Can Assist With Occupational License Applications

One of our criminal defense lawyers might be able to help you apply for an essential license. To complete your application and guide you through the process, our legal team could:

Prove your need for daily transportation
Request a hearing or court date
Represent you at a hearing, if needed
Help you get the required court order

Depending on the reason for your license suspension, we might be able to help you retain your driving privileges enough to avoid interrupting your career and education.

Why Texas Suspends Driving Privileges

Having a suspended driver’s license for any reason can be a major inconvenience. It can mean using time-consuming public transportation or costly rideshares to maintain your work schedule. It can also make it difficult to transport yourself or your family to and from school or on everyday errands. TxDPS might suspend your driver’s license for:

DWI (driving while intoxicated)
A drug offense
Alcohol- or drug-related manslaughter
Alcohol- or drug-related assault
Failure to stop and render aid
Any felony offense
Driving without a license

If your driver’s license was revoked for one of these or any other reason and you need it to handle life’s daily travel demands, a lawyer from our firm might be able to help. We understand how the law and the circumstances of your suspension may allow you to obtain a provisional license.

Temporarily Restore Your Suspended Driver’s License

Do you need assistance obtaining a temporary driver’s license to make your family’s daily life easier to manage? Although an occupational or restricted license allows you to meet your needs, it might be difficult to obtain on your own.

With more than 30 years of experience as a former prosecutor and state district judge, Randall B. Isenberg brings a unique perspective to your defense and when helping you get an occupational or restricted license. Contact the criminal defense team at the Law Offices of Randall B. Isenberg to get started by calling (214) 696-9253 today.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Potential penalties for a domestic violence conviction include fines, jail or prison time, and a permanent loss of reputation and civil rights. Such penalties can have both short-term and long-term consequences on your career, relationships, and emotional health.

If you are facing a family or domestic violence charge in Rockwall, Texas, a lawyer from the Law Offices of Randall B. Isenberg would like to help.

What Does a Rockwall Family and Domestic Violence Lawyer Do?

A defense attorney from our firm can advocate for you both in and out of the courtroom. By performing the following tasks, our goal is to advocate for your fair treatment and give you the best possible defense:

Explain your options: No two cases are alike. We will help you decide which path is best for you and make course corrections as necessary.
Investigate the charges: If proof exists of your innocence or there are holes in the accuser’s story, we will use it to strengthen your defense.
Seek a dismissal: Sometimes, the evidence we find is so compelling that a judge will dismiss your case entirely. This is the best-case scenario.
Argue for a reduced charge: Even if we cannot get the case dismissed, we can argue for a lesser charge that carries lighter penalties.
Advocate for you at trial: Our team will do all of the work at trial, presenting arguments and evidence on your behalf.
Advise you: You probably have a lot of questions about your case. You also may have trouble thinking clearly, given the severity of the potential consequences. We are here to provide you with the answers you need.

No matter how serious the charges against you are, we can help you with your case. A member of our team can get you started with a free consultation.

What are the Penalties for Domestic Violence?

Domestic violence—legally called “family violence” in Texas—is a serious offense. The types of penalties you face will depend on whether you are convicted of a misdemeanor or felony and if you have prior convictions.

Misdemeanor Penalties

Misdemeanor crimes rank from Class C to Class A, with Class A being the most serious. According to the Texas Politics Project, you may incur penalties such as:

A fine: The maximum fine for a misdemeanor conviction ranges from $500 to $4,000.
Jail time: For short sentences, you are sent to jail rather than prison. After a misdemeanor conviction, your sentence may range from 6 to 12 months.

Felony Penalties

Felonies are the most serious type of crime. They rank from state jail felonies to first-degree felonies, with first-degree felonies being the most serious. Penalties may include:

A fine: All family violence felonies carry a maximum fine of $10,000.
Prison time: For state jail felonies, you could be out of prison in 6 months. For the most serious offenses, you could spend the rest of your life in prison.

Prior Convictions

The more times you are convicted of the same or a similar crime, the more severe the penalties become. For instance, according to the Office of the Attorney General, an initial assault charge is a Class A misdemeanor. A subsequent charge is a third-degree felony.

How do Family Violence Penalties Affect You?

The penalties of conviction discussed above can derail your life in many ways, including but not limited to the following:

Your employer may fire you due to the conviction or the time you will miss while in jail or prison.
Your friends and family may change their opinion of you or even refuse to associate with you.
You may lose the right to vote, own a gun, or work for the federal government (if convicted of a felony).
You may struggle financially due to loss of employment or having to pay hefty fines and fees.
Your self-image and your mental health may suffer during prison time or if you are unable to obtain employment in the future.

Because these penalties can have such negative and long-lasting effects on your life, building the strongest defense possible is vital. The Law Offices of Randall B. Isenberg can help you create that defense.

Rockwall Family and Domestic Violence Attorney Near Me

(214) 696-9253

What is Family Violence?

The term “family violence” describes a broad range of crimes. As defined in Texas Family Code §71, family violence may be committed against:

A blood relative
An adopted relative
A spouse
A romantic partner
Anyone who lives in the same household
Anyone who used to live in the same household

Examples of behaviors that constitute family violence include:

Physical assault
Sexual assault
Sexual exploitation of a minor
Emotional trauma
Failure to stop any of the above

A person may also allege family violence if they believe they were threatened with any of the above behaviors. The accuser may even request a protective order from a judge. If awarded, a protective order can further affect your movements and your personal life.

Click to contact our Family and Domestic Violence Lawyers today

(214) 696-9253

Get Help With Your Case Today From an Attorney

At the Law Offices of Randall B. Isenberg, we know how frightening it is to face criminal charges. Let a Rockwall family and domestic violence lawyer from our firm do everything possible to make the law work for you. Call us at (214) 696-9253 for a free consultation.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Should I Take a Blood, Breath Or Urine Test?

Search Results for: court

Driving While Intoxicated is a Serious Charge

Other Negative Effects of a DWI Conviction

Getting Legal Help with Your DWI Charge

Bargaining with the Court

Building a Strong Defense

Representing You at the Trial

Your Rights After a DWI Stop

Speak to a Member of Our Law Firm Today

What a DWI Lawyer Can Do for You

Paying Legal Fees

DWI Penalties Can Be Very Severe

Penalties That a Court May Hand Down

Certain Charges May Increase Your Penalties

Additional Penalties

Why DWI Penalties are So Severe

Get a Free Case Review

People Who Can Be Charged with Domestic Violence

Family Members

Household Members

Relationship Partners

What is Considered Domestic Violence in Texas?

Physical Harm

Assault

Sexual Assault

Charges for Domestic Violence in Texas

Misdemeanor and Felony Charges

Changes to One’s Permanent Record

Get Help from an Attorney If You are Being Charged with Domestic Violence in Texas

What is the Penalty for Leaving the Scene of an Accident?

Penalties for Damage-Only Accidents

Penalties for Injury and Fatal Accidents

How Can a Lawyer from Our Firm Help if You are Accused of a Hit-and-Run?

Investigating the Accident

Fighting the Charges

Going to Court

Answering Your Questions

Call the Attorneys at Law Offices of Randall B. Isenberg for a Free Consultation

Applying for an Occupational or Restricted License

There May Be a Waiting Period for Your Occupational License

Our Law Firm Can Assist With Occupational License Applications

Why Texas Suspends Driving Privileges

Temporarily Restore Your Suspended Driver’s License

What Does a Rockwall Family and Domestic Violence Lawyer Do?

What are the Penalties for Domestic Violence?

Misdemeanor Penalties

Felony Penalties

Prior Convictions

How do Family Violence Penalties Affect You?

What is Family Violence?

Get Help With Your Case Today From an Attorney

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