A driving while intoxicated (DWI) conviction can wreak havoc on your career, social life, self-esteem, and future goals. However, no matter what charges or penalties you face, you are still innocent until proven guilty, and you are still entitled to certain civil rights. Let a Hurst DWI lawyer from the Law Offices of Randall B. Isenberg advocate on your behalf. Call us at (214) 696-9253 so that we can evaluate your case at no charge.

It Is Important to Know the Definition of DWI

Once your blood alcohol concentration (BAC) level hits .08 percent, you have officially reached the legal standard of “drunk driving.” If a police officer gives you a blood or breathalyzer test at this point, they may arrest you on a DWI charge if you are 21 or older. While you can refuse to take these tests, you might be penalized for doing so.

In addition, you may be pulled over and tested even if your BAC level is below .08 percent. In Texas, police officers may pull over drivers if they have reason to believe that the driver is driving under the influence (e.g., the person is weaving side to side or driving erratically).

Alcohol is known to affect several skills you need to drive safely, including your concentration, reflexes, judgment, and temper. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving is responsible for about one-third of all traffic fatalities in the United States. This is why punishments associated with DWI convictions are so onerous.

DUI Is Not the Same as DWI

It is important to distinguish between driving under the influence (DUI) and driving while intoxicated (DWI), as they are entirely different charges in the state of Texas.

Only minors (people under 21 years of age) may be charged with DUI. A minor does not have to have a BAC level of .08 percent to be arrested. Any amount of alcohol in the blood is sufficient reason to be charged with DUI.

Both minors and adults may be charged with DWI. A DWI is a more serious offense than a DUI and carries more serious penalties. These penalties are discussed in detail in the next section.

DWI Penalties Can Be Severe

A first DWI conviction is categorized as a Class B misdemeanor. According to the Texas Department of Public Safety (TxDPS), this means a conviction might cause you to:

• Lose your license for up to one year
• Be jailed for up to six months
• Be fined up to $2,000

A second DWI conviction is a Class A misdemeanor. This is a more serious offense and carries more serious penalties. If you are convicted, you might:

• Lose your license for up to two years
• Be jailed for up to one year
• Be fined up to $4,000

If you are convicted three times, you may face third-degree felony charges. At this point, you might:

• Lose your license for up to two years
• Be jailed for up to 10 years
• Be fined up to $10,000

In addition, the court may force you to put an ignition interlock device on your car. As the TxDPS states, this means you would be unable to operate your vehicle if you were drinking. You would also need to get a special license to drive with this device, and you would need to apply to get your regular license back once your sentence is up.

Losing your license can have a devastating effect on your livelihood and your life, but the consequences of a DWI conviction may be more far-reaching than that. Your conviction will stay on your public record permanently, so even a single DWI conviction can affect you well into the future. The Law Offices of Randall B. Isenberg is dedicated to helping people like you defend and protect your rights. Call us at (214) 696-9253 to arrange a free consultation with a member of our team.

Let a Hurst DWI Lawyer Represent You

At the Law Offices of Randall B. Isenberg, we understand how scary being arrested can be. If you decide to hire us, we will work hard to preserve your rights and defend your case. There are several ways we may be able to help you with your case, including:

• Offering a free consultation: A member of our team can help you understand your case and your options at no cost to you.
• Helping you understand the process: The legal system may seem less intimidating once you understand it better. A law firm representative may explain the process to you and answer any questions you might have.
• Investigating your arrest: We do not take the arresting officer at their word. Instead, we launch our own independent investigation into what happened before, during, and after your arrest.
• Arguing for dismissal: There are many regulations and procedures a police officer must follow when arresting, testing, and charging someone. If they broke even a single rule, we may be able to use this point to try to get your case dismissed.
• Arguing for a charge reduction: If possible, we may be able to bargain with the judge to get your charges reduced. In this way, even if you are convicted, you might be able to keep your license and spend less money on fines.
• Fighting for you: Our number one goal is to make sure everyone gets the legal representation they deserve. You can count on us to fight hard on your behalf at the negotiating table and in the courtroom.

Before he was a defense attorney, Randall B. Isenberg was a prosecutor and a judge. Thanks to his decades of experience, he has a strong understanding of how the law works and how to help you get your life back. Give us a call at (214) 696-9253 to learn more about the services a Hurst DWI lawyer from the Law Offices of Randall B. Isenberg may provide you.

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If you or your loved one is under 21 and has been accused of driving under the influence, it can cause a great deal of anxiety and worry about the future. Texan laws have a strict zero-tolerance policy when it comes to underage drivers and drunk driving.

Police officers may arrest underage drivers suspected of drinking with probable cause. They may use devices to test a driver’s blood alcohol concentration (BAC) level to determine if it is .08 percent or higher, which is grounds for arrest. However, if you are below the legal drinking age, you may be arrested for having any alcohol in your system, even if it is below .08 percent.

If you believe you or a loved one was falsely accused of committing a DUI or had your rights violated during an arrest, a Hurst under 21 DUI lawyer may be able to defend your case. Our team at the Law Offices of Randall B. Isenberg is ready to help. Call (214) 696-9253 today for a free consultation.

A DUI Might Affect an Underage Driver’s Future

In Texas, being arrested for driving under the influence can impose harsh consequences. Texas mandated zero-tolerance laws to remedy the larger social issue of drunk driving in their state. Police officers are encouraged to be vigilant about taking drunk drivers off the road. If they suspect someone is driving under the influence, they may stop and arrest that person if the person tests at or above the legal BAC limit of .08 percent. Again, people under 21 may be arrested for having any alcohol in their system.

Getting arrested for a DUI can incur penalties, such as license suspension, fines, and a DUI mark on a person’s driving record. These types of punishments can pose obstacles in the future. A DUI may tarnish a young person’s future if they are convicted of this offense. A Hurst under 21 DUI lawyer may be able to come to your defense and help you fight against a DUI charge.

Minors May Have Their License Suspended After a DUI Charge

According to the Texas Department of Public Safety (TxDPS), if you are a minor suspected of driving under the influence, an officer may stop your vehicle. They may ask you to submit to multiple field sobriety tests, such as observing your ability to keep your balance, speak, and think coherently. If the officer makes the judgment that you have any amount of alcohol in your system, they may legally do the following:

• Arrest you and have your vehicle towed
• Handcuff you and transport you to the police department
• Ask you to submit to a breathalyzer test
• Take you to a hospital or clinic to have your blood tested, which may be required if someone was injured or killed in an accident

Minors are legally required to submit to breath or blood sample tests because of Implied Consent Laws in Texas. As a minor, you automatically consent to any tests that you are required to submit, even if you do not want to participate. If you refuse to submit a specimen for testing, this may result in an automatic license suspension. You can be held in jail unless someone posts your bond or until you are due to appear in court. The first time you refuse, your license will be suspended for 180 days. The second refusal results in a license suspension of two years.

If the submitted specimens test positive for any amount of alcohol in your system while you were operating a vehicle in a public place, your driver license will be suspended for the following time periods:

• First offense: 60 days
• Second offense: 120 days
• Third and additional offenses: 180 days

This is where an attorney can come in. A minor is able to request a court hearing to dispute if the officer had probable cause to stop their vehicle and arrest them or if they had alcohol or other substances in their system at the time of the arrest.

The Difference Between a DWI and a DUI

DUIs are issued to underage drivers suspected of driving under the influence with any amount of alcohol in their system. DWIs are normally issued to adults aged 21 and older who have a BAC level greater than .08 percent.

The TxDPS lists the penalties for DWIs. The penalties for a DWI issued to adults aged 21 and older include:

• Attending an Alcohol Education Program for 12 hours if it is your first offense or 32 hours if it is a repeat offense
• Having your driver license suspended for a period of up to two years
• Paying a fine of $100 and any other additional fees
• Getting a Financial Responsibility Insurance Certificate (SR-22) from an insurance company that has been authorized by the court
• Serving probation
• Having an ignition interlock device be installed in your vehicle to prevent you from driving under the influence again

To be eligible to drive with an ignition interlock device, you must apply for an Interlock Restricted driver license. If you are required to drive for your occupation or other necessary purposes, you may contact your resident county court or a justice of the peace court to see if you are eligible to apply for an Occupational driver license.

Also, if you serve probation, you must show that you completed a 12-hour Alcohol Education Program. A judge may waive this requirement. You must submit evidence that you completed the program to the Texas Department of Public Safety within 180 days from the date of your conviction. If you do not submit evidence of completion, your license will be revoked and you must pay a reinstatement fee.

Penalties for a DUI Committed by a Minor Under 17

The penalties for a DUI committed by a minor under 17 years of age is as follows:

• First offense: Penalties for a first DUI offense include paying a fine up to $500, performing community service for 20 to 40 hours, having your driver license suspended for 60 to 180 days, and participating in an Alcohol Awareness Course, which may also be required for the minor’s parent. This is classified as a Class C Misdemeanor.
• Second offense: Penalties for a second DUI offense include paying a fine up to $500, performing community service for 40 to 60 hours, having your driver license suspended for 120 days to two years, and having to attend an Alcohol Awareness Course. The second offense is classified as a Class C Misdemeanor.
• Third offense: A third DUI offense is considered Delinquent Conduct for minors aged 10 to 17. Penalties include paying a $500 fine, performing community service for 40 to 60 hours, and having your driver license suspended for 180 days to two years.

Our Team May Be Able to Help You Fight a DUI

It can be devastating to be accused of driving under the influence, and minors can have their future at risk if they are convicted of drinking and driving. Depending on the circumstances of your case, we may be able to collect evidence that you are not guilty of committing this offense.

A person might be falsely accused of a DUI for any number of reasons, such as the breathalyzer test was faulty or the arresting officer acted unethically and without probable cause. A Hurst under 21 DUI lawyer may be able to present evidence that supports your claims and potentially have your charges reduced or dismissed.

Our team at the Law Offices of Randall B. Isenberg wants to defend your case. If you need legal assistance, call (214) 696-9253 today for a free case evaluation and see how our team might be able to help you build a criminal defense case.

Get Help from the Law Offices of Randall B. Isenberg

People under the age of 21 who are falsely accused of driving under the influence are vulnerable to having their futures and reputation put at risk if they are convicted of a DUI. A Hurst under 21 DUI lawyer may be able to set the record straight and save them the grief of having to live with a record of an offense that they did not even commit.

The criminal defense attorneys at the Law Offices of Randall B. Isenberg may be able to protect your rights and safeguard your future. Call (214) 696-9253 for a free case evaluation and start building your case today.

Call or text or complete a Free Case Evaluation form

(214) 696-9253