Upon conviction for intoxication manslaughter in Garland, you will face substantial fines and a lengthy suspension of your driver’s license. Even worse, you could spend decades behind bars.

This serious charge is not one you should attempt to fight on your own. You need an intoxication manslaughter lawyer in Garland to protect your legal rights and fight for your future.

With over 30 years’ experience as a state district trial judge and senior chief felony prosecutor, attorney Randall Isenberg knows how to build a strong defense on your behalf to fight for the best possible outcome in your case.

Contact us today at 214-696-9253 for help.

How Can an Intoxication Manslaughter Lawyer Help You?

When facing charges of this magnitude, Randall and his team will provide invaluable services.

We will help you understand your options, allowing you to make the right choice for your future. We will advocate for you and ensure the protection of your legal rights throughout the proceedings. And, by working tirelessly to build a strong defense for your case, we can help provide a better chance for a positive outcome.

A lawyer who has experience and insight into the Texas criminal court system will be uniquely qualified to dissect the prosecution’s case to find potential weaknesses, then use that knowledge to guide your defense strategy.

Fortunately, the prosecution in an intoxication manslaughter case has a high burden of proof, a fact we can leverage when building your case.

What Are the Penalties for Intoxication Manslaughter in Garland?

In the Texas Penal Code (TPC), the intoxication manslaughter statutes define this crime as an accidental death that occurs due to driving while intoxicated. The victim can be anyone, including a passenger in your vehicle.

Intoxication manslaughter is typically a second-degree felony that carries the following penalties:

• Between 2 and 20 years in prison
• Monetary fines up to $10,000
• Mandatory driver’s license suspension of up to two years
• Community service
• Installation of ignition interlock devices on all your vehicles
• Alcohol education program attendance
• Court costs and fees
• Restitution (if applicable)

Any aggravating circumstances in your case can lead to enhanced charges. Some examples of enhanced charges are as follows:

• Having an open container of alcohol in your vehicle
• Having a passenger under 15 in your vehicle
• Having a BAC of 0.15 or above
• Having one or more prior DWI convictions

If the victim was a first responder performing her duties, you will face first-degree felony charges.

Upon conviction for intoxication manslaughter, you will have a permanent criminal record, available to anyone who runs a background check on you. This can prevent you from getting a job, renting a home, or renting a car.

A Texas felony conviction also prohibits you from owning or possessing a firearm or holding most types of professional licenses.

Legal Strategies for Fighting Intoxication Manslaughter Charges in Garland

Entering a guilty plea for intoxication manslaughter will send you to jail for at least two years, possibly much longer. For this reason, you should explore all possible alternatives with your lawyer.

You can choose to take your case to court to fight the charges against you. However, you might not need to. Your lawyer may succeed in negotiating with the prosecutor to reduce or even dismiss the charges against you.

Based on the prosecutor’s evidence against you, your lawyer may use one or more of the following strategies for fighting your charges:

Lack of Probable Cause

Police officers must have probable cause to make an arrest. If your arresting officer failed to observe guidelines and protocols for establishing probable cause, any subsequent evidence obtained might not be admissible in court.

Lack of Fault

Driving under the influence does not automatically mean you are at fault for an accident you were involved in. You may have to deal with DWI charges; however, that is a good alternative to intoxication manslaughter charges.

No Causation for Fatality

For your actions to warrant intoxication manslaughter charges, any injury or death that occurred must have been a direct result of your actions. Your lawyer may identify another cause for the fatality, or at least provide enough evidence to establish reasonable doubt.

No Legal Impairment

We might look into whether we can establish a lack of impairment. We might be able to do this regardless of whether your BAC tests came back over the limit. For example, we might argue that you were not intoxicated when the accident happened; your body was continuing to absorb the alcohol you had consumed, so your BAC rose after the accident occurred. This can be successful if your BAC was at or right above 0.08.

Invalid BAC Evidence

When administering a BAC test, officers and testing technicians must adhere to guidelines and procedures issued by the National Highway Traffic Safety Administration and the Texas Administrative Code. If any aspect of testing or analysis violated established standards, your lawyer might request a judge declare your test results inadmissible.

Call for a FREE Consult with a Garland Intoxication Manslaughter Lawyer

When you face charges as serious as intoxication manslaughter, choosing the right lawyer can make a significant difference for your future.

Attorney Randall Isenberg understands what you have at stake. And his insider knowledge of the Texas criminal court system provides the insight it takes to ensure the best possible outcome in your case. He will put that knowledge and experience to work for you and work tirelessly to help you through this challenging time.

The Law Offices of Randall B. Isenberg provides a free consultation and case review to answer your questions and help you make an informed decision about your future. Contact us today to schedule your appointment: 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Every Texas drunk driving charge is serious. Even a first offense DWI carries harsh monetary fines, potential jail time, a lengthy suspension of your driver’s license, and a permanent criminal record.

A first offense DWI lawyer in Garland can help protect your legal rights and fight diligently to ensure the best possible outcome for your case. Randall Isenberg of the Law Firm of Randall B. Isenberg is that lawyer.

Contact us today at 214-696-9253 for help.

Why Should You Hire a First Offense DWI Lawyer?

Even your first drunk driving offense can cause significant upheaval in your life and compromise your future. Unfortunately, many people believe that, for their first DWI charge, they can trust the prosecutor when she offers them a deal in exchange for a guilty plea.

Prosecutors typically persuade people to plead guilty on their first offense by telling them they will not have to serve any jail time. However, they neglect to tell you about the other penalties you will face if you plead guilty.

Even if you do not take the prosecutor’s deal and plead guilty, submitting to questioning without the protection of an attorney leaves you open for self-incrimination, which the prosecutor will use against you in court.

Having a lawyer ensures that the prosecutor will not take advantage of you, and that you do not say anything to incriminate yourself. It also sends a clear message that you are serious about challenging the charges pending against you.

Your DWI lawyer will investigate and analyze all the prosecution’s evidence against you to identify potential challenges to your charges.

Do not assume that you are trapped, even if your blood alcohol concentration (BAC) exceeded the statutory levels for a first offense DWI charge, or that you will automatically face conviction.

By negotiating with the prosecutor or filing motions in court, your lawyer may convince them to reduce or drop the charges or convince the judge to throw your case out entirely.

And, even if your case ends up going to court, your lawyer will be prepared to present a strong case in your defense.

What Are the First Time DWI Offense Penalties in Garland?

Even a first-time drunk driving offender faces serious consequences in Texas.

The Texas Penal Code, Chapter 49, outlines the exact DWI penalties you may face. However, a first offense typically carries Class B misdemeanor charges. This assumes that your BAC registers between 0.08 and 0.149; however, it is important to note that an officer can charge you with DWI even if your BAC registers lower, if the officer determines that you do not have the ability to safely operate a motor vehicle.

Upon conviction for a first time DWI offense, you will face up to six months in jail and a monetary fine of $2,000. You will also lose your driver’s license for as long as one year.

However, if your BAC exceeds 0.149, the prosecutor will charge you with a Class A misdemeanor. This charge carries a $4,000 monetary fine and up to one year in jail, in addition to a potential two-year suspension of your license.

You may also have to perform community service, undergo substance abuse counseling, attend an alcohol education program, and install an ignition interlock device on all vehicles that you own or drive.

Once your driver’s license suspension is complete, you will face an annual surcharge of up to $2,000 to retain your license. This surcharge applies for three years after your suspension ends.

Finally, upon conviction for any Texas drunk driving charges, your crime will become a part of your permanent criminal record. This will make it difficult and expensive to get car insurance. And, any time anyone — such as a potential employer or landlord — runs a background check on you, your criminal record will show up.

As a result, potential employers and landlords can deny your application. You may also become ineligible for some types of professional licensing.

How Can Your Lawyer Fight First Offense DWI Charges?

If we cannot successfully negotiate a favorable plea bargain with the prosecutor, we may recommend taking your case to court.

To convict you of drunk driving charges, the prosecutor must present a clear case with persuasive evidence. The prosecutor must demonstrate beyond any reasonable doubt the following three key elements of a Garland DWI case:

1. That you were operating a motor vehicle
2. That you were operating the vehicle in a public place
3. That you were statutorily intoxicated at the time

To help you avoid a conviction, we will work to establish reasonable doubt.

We can accomplish this in a number of ways. Each aspect of your arrest and chemical testing must comply with applicable laws and standards. If it did not, any evidence gathered might be inadmissible.

We might build our case on any of the following. At a minimum, the police must have a legal basis for making a traffic stop, have probable cause for arresting you and requesting blood alcohol testing, and they must read you your Miranda rights prior to questioning you.

Any misstep in any of these requirements can open the door for challenging the charges.

For example, if the police used field sobriety testing to establish probable cause, the testing must have complied with the standards established by the National Highway Traffic Safety Administration (NHTSA).

When administering breath alcohol testing, all aspects of the process must also comply with federal and state standards. This includes the breath alcohol testing standards published in the Texas Administrative Code as well as the NHTSA DWI testing procedures. If the police deviated from any of these standards, we may successfully have the evidence excluded in your case.

Will You Lose Your Driver’s License for a First Offense DWI Conviction?

One thing that many people arrested for DWI do not consider is what happens to their driver’s license. The disposition of your driver’s license depends on the outcome of a civil action known as Administrative License Revocation or ALR. The Texas Department of Public Safety (TxDPS) handles this process.

At the time of your arrest, the police will seize your license and issue you a temporary authorization to drive. You must formally request an ALR hearing within 15 days. If you fail to request your hearing, TxDPS will suspend your license.

The length of your suspension can range between 90 days and two years.

Having your attorney represent you in the ALR proceeding is the best way to protect yourself from providing incriminating testimony. We can also glean critical information for your defense during this proceeding.

Click to contact our First-Offense DWI Lawyers today

(214) 696-9253

Call the Law Offices of Randall B. Isenberg Today

The best option for your defense is an attorney who will fight tirelessly to build a strong defense for your case. Your lawyer will protect your rights and ensure that you understand your options and how they may affect your future.

The Law Offices of Randall B. Isenberg offers a free consultation and case review, to help you make the right choice in your case. Contact us today to speak with a first offense DWI lawyer in Garland: 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Drunk driving accidents are serious crimes, carrying harsh monetary fines, and extensive prison sentences.

In fact, a DWI involving an accident, wreck, or injury can lead to felony charges in Texas, with the potential for a life sentence behind bars. To protect your legal rights, you need a DWI involving an accident, wreck, or injury lawyer in Garland. You need someone who understands the process and who will fight vigorously to ensure the best possible outcome in your case.

Call the Law Offices of Randall B. Isenberg today: 214-696-9253.

Why Do I Need a Lawyer for a DWI Involving an Accident or Injury?

If you drove while under the influence or alcohol or drugs, and subsequently caused an accident, you will face serious criminal charges.

Although the prosecutor can choose to pursue a variety of different charges against you, depending on the circumstances of your accident, they all carry serious penalties.

A lawyer can help you make sense of the charges you face and explain how a conviction could affect you. Your lawyer can protect your legal rights and ensure that you have the best possible outcome in your case.

More importantly, when you choose the right DWI lawyer, you will send a powerful message to the prosecutor, that you intend to stand up for your rights and fight for your future.

Based on the potentially serious penalties you face, you should not attempt to fight this battle on your own.

What Kind of Penalties Result from DWI with Accident, Wreck or Injury?

The penalties you may face upon conviction for a DWI that led to an injury accident will depend on the specific aspects of your case. In addition to DWI charges, you will likely face additional charges for any injuries or damage that resulted.

In the Texas Penal Code, DWI charges result from having a blood alcohol concentration (BAC) between 0.08 and 0.14. If your BAC registered above that level, the charges will increase in severity as well.

The penalties for Texas DWI convictions are as follows:

First Offense: Class B Misdemeanor

• Potential jail sentence between 3 and 180 days
• Monetary fines up to $2,000
• Driver’s license suspension between 90 days and 1 year
• Driver’s license restoration fee up to $2,000 per year (for 3 years)

Second Offense: Class A Misdemeanor

• Jail sentence up to 1 year (minimum 72 hours)
• Monetary fines up to $4,000
• Driver’s license suspension up to 2 years (minimum 180 days)
• Driver’s license restoration fee up to $2,000 per year (for 3 years)

Third Offense: Third-Degree Felony

• Prison sentence up to 10 years (minimum 2 years)
• Monetary fines up to $10,000
• Driver’s license suspension up to 2 years (minimum 180 days)
• Driver’s license restoration fee up to $2,000 per year (for 3 years)

Aggravating factors, such as having a BAC of 0.15 or higher, having a child younger than 15 in the car, or having an open container of alcohol will lead to significantly harsher penalties in each case.

Click to contact our Accident, Wreck or Injury Lawyers today

(214) 696-9253

DWI Involving Accident, Injury, or Property damage

If you caused an accident while driving drunk, the prosecutor may pursue charges for destruction, reckless damage, or criminal mischief. Depending on the circumstances and the value of the damage, you may face charges in the first-, second-, or third-degree.

If injuries or fatalities result from a DWI involving an accident, the charges become even more severe, potentially earning you an intoxication assault or intoxication manslaughter charge.

Complete a Free Case Evaluation form now

(214) 696-9253

What Are the Penalties for a DWI Involving an Injury Accident?

If a serious injury results from a DWI accident or wreck, the prosecutor will likely pursue DWI intoxication assault charges, a third-degree felony.

Potential penalties for an intoxication assault conviction are as follows:

• Up to $10,000 in fines
• 2 to 20 years in prison
• 2-year driver’s license suspension
• Community service
• Probation
• Ignition interlock device
• Alcohol abuse counseling
• Court costs and fees

If the injured party was a first responder in the dispatch of her duties, you will face second-degree felony charges.

What Are the Penalties for a DWI Involving an Injury Fatality?

If a fatality results from a DWI accident or wreck, the prosecutor will pursue intoxication manslaughter charges, a second-degree felony.

Potential penalties for a DWI intoxication manslaughter conviction are as follows:

• Up to $10,000 in fines
• 2 to 99 years or life in prison
• 2-year driver’s license suspension
• Community service
• Supervised probation
• Ignition interlock device
• Alcohol abuse counseling
• Court costs and fees

If the injured party was a first responder in the dispatch of her duties, you will face first-degree felony charges for intoxication assault.

What Defenses Will We Use to Fight a DWI with Accident or Injury?

When facing potential penalties of this magnitude, you need a lawyer to protect your rights and mount a strong case in your defense. In some cases, we can negotiate with the prosecutor to have your charges reduced or — ideally — dismissed.

Some potential strategies your lawyer may use to fight the charges hinge on the high burden of proof the prosecution must meet.

The prosecutor must prove in court that you were driving in a public place and that your level of intoxication at that time exceeded the statutory limits. The prosecutor must also prove that your intoxication caused the accident in question. If the prosecution is arguing intoxication assault or manslaughter, it must also prove the accident caused the injuries or fatality in question.

We might argue that you:

• Were not intoxicated.
• You did not cause the accident (e.g., you were intoxicated; however, the other driver’s negligence caused the accident).
• The accident did not cause the injury or death (e.g., you caused the accident, but the victim suffered injuries or died because she was not wearing a seat belt).

Possible problems with chemical testing for BAC offers further options that we can use in your defense.

For example, if the police failed to follow the National Highway Traffic Safety Administration (NHTSA) guidelines for BAC testing, the judge in your case may not allow the prosecution to present that evidence in court.

Call a DWI Lawyer in Garland Today

Look for a DWI lawyer who understands how the system works, and who will fight for your legal rights and your future.

Attorney Randall Isenberg, of the Law Offices of Randall B. Isenberg, has more than three decades of experience, not just as a defense lawyer but also as a felony prosecutor and a state district trial judge. His insider’s perspective gives him the knowledge and experience he needs to get the job done for you.

Contact us today to schedule your free consultation and case review: 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

When you face DWI charges in Texas, you also face the suspension of your driver’s license — even if the prosecution ultimately drops the charges against you. Your DMV hearing provides your only chance to fight a driver’s license suspension.

If you depend on your license for getting to work, school, doctor’s appointments, and personal errands, you might feel overwhelmed with nowhere to turn. A DMV hearing lawyer in Garland may be able to help you keep your license.

The Law Offices of Randall B. Isenberg can help with your DMV hearing. Contact us today to get started: 214-696-9253.

What Is the Purpose of a DMV hearing?

Texas laws separate the legal aspects of DWI into two categories: the criminal aspect of your case and the civil (or administrative) side.

The criminal component of a DWI case involves the prosecutor, entering a plea, and, if necessary, the trial and sentencing. The civil component, the DMV hearing, determines the disposition of your driver’s license.

This hearing, officially known as the Administrative License Revocation (ALR) hearing, takes place entirely outside the scope of the criminal proceedings. Overseen by the Texas Department of Transportation (TxDPS), the DMV hearing proceeds even if the prosecutor or judge agrees to drop the criminal case against you.

Do You Need a DMV Hearing Lawyer?

TxDPS does not require you to have a DMV hearing lawyer present at the ALR hearing. However, there are several reasons why an attorney can be beneficial to your case:

• To Preserve Your Legal Rights. The DMV hearing process adheres to standard legal practices and rules, very similar to those used in criminal proceedings. This means that the prosecutor can use anything you say under oath against you in your criminal trial. Your lawyer will prepare you for questions and, during the proceedings, ensure that you do not present any testimony that could harm your criminal case.
• To Schedule Your DMV Hearing. Scheduling your hearing is critical for avoiding an automatic suspension of your license. Your lawyer can handle the formal, written request necessary for scheduling the hearing and keep you updated on all critical information.
• To Help Protect Your Driver’s License. The ability to drive ensures that you can get to work or school, keep doctors’ appointments, and handle important personal errands like grocery shopping. Your lawyer can present evidence during your hearing to help protect your license and minimize or eliminate suspension. If TxDPS does suspend your license, your attorney can help with appeals and application for a provisional license.
• To Help Your Criminal Case. The DMV hearing can help your criminal case in ways you may not have realized. Because the arresting officer must testify under oath at the ALR hearing, your lawyer can use this opportunity to learn more about the prosecution’s evidence and any potential weaknesses. This can provide invaluable insight and help your lawyer identify and inform potential defense strategies.

What Can I Expect from the DMV Hearing Process?

The basis for the DMV hearing process is the agreement established between you and the TxDPS at the time you get your driver’s license in Texas.

This agreement prohibits you from drinking and driving and obligates you to submit to chemical testing for blood alcohol concentration (BAC) upon the request of law enforcement.

This agreement gives TxDPS the right to revoke or suspend your license whenever you violate the agreement.

When the police pull you over for DWI, they must have reasonable suspicion that you are legally intoxicated. During the traffic stop, the officer must establish probable cause to request chemical BAC testing. Officers typically use field sobriety testing or roadside breath testing to establish probable cause.

If the officer has probable cause, she will place you under arrest, confiscate your driver’s license and issue you a form known as the TxDPS DIC-25 form, Notice of Suspension and Temporary Driving Permit.

This form serves as your 15-day temporary driving permit, but it also provides the necessary information for scheduling your DMV hearing. If you fail to schedule your hearing within that 15-day period, TxDPS will suspend your license.

How Do You Schedule Your ALR DMV Hearing?

Following the instructions on the DIC-25 form, you can request your DMV hearing by mail or you can submit your request using the electronic form on the TxDPS website.

TxDPS will contact you by mail, using your address of record, when it schedules your hearing. However, it might also reject your request for a hearing if you made any errors on the request form or if it did not receive your request by the deadline.

In that case, you have relinquished your right to present evidence in defense of keeping your license.

Click to contact our DMV Hearing Lawyers today

(214) 696-9253

What Should You Expect the Day of Your DMV Hearing?

TxDPS typically holds ALR/DMV hearings at one of the Texas Office of Administrative Hearings field offices or another location convenient to Garland. An administrative law judge will oversee the proceedings.

Once the judge calls the proceedings to order, the judge will hear evidence from the officer who conducted your DWI arrests as well as any other party who has evidence to present in your case. You will also have the opportunity to provide testimony.

Your DMV hearing lawyer will have the opportunity to question the arresting officer (and others presenting evidence against you, if applicable) under oath.

Once testimony concludes, the judge will rule on the suspension of your license. You will receive the decision in the mail at a later date.

If TxDPS suspends your license, an ALR suspended license lawyer can help you appeal the decision or obtain a provisional license, which allows you to drive only to work, school, or necessary personal appointments.

Complete a Free Case Evaluation form now

(214) 696-9253

Choosing a DMV Hearing Lawyer in Garland

Choosing the wrong DMV hearing lawyer can cost you your driver’s license for as long as two years, depending on the severity of your criminal charges.

Look for an attorney who has a high level of familiarity with the ALR process. Equally important, however, is finding a lawyer who will fight for you, to ensure the best possible outcome in your DWI case and DMV hearing.

Randall Isenberg fights tirelessly for his clients. And he has the experience you need to win your case. In addition to years as a criminal defense attorney, Randall spent much of his career as a felony prosecutor and a district court judge. This insider knowledge means he knows how to get the job done for you.

Contact the Law Offices of Randall B. Isenberg today for a free case review: 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253