A felony drunk driving or DWI conviction in Highland Park will cost you thousands of dollars in fines and potentially send you to jail or prison for many years. This conviction will also remain on your record forever, complicating almost every aspect of your life.
Before you make any decisions or give a statement to the police, talk to a felony DWI lawyer in Highland Park. The Law Offices of Randall B. Isenberg can help you determine your options after a felony DWI. Call 214-696-9253 today to schedule a free consultation.
Incarceration & Large Fines for Felony DWI in Highland Park
A felony drunk driving conviction will mean significant fines and penalties and the potential for years or even decades in prison.
In Texas, felony DWI charges fall into one of the following four categories:
State Jail Felony 90 days to 2 years in state jail
$10,000 potential fine
90 days to 2 years’ license suspension
Third-Degree Felony 2 to 10 years in prison
$10,000 potential fine
180 days to 2 years’ license suspension
Second-Degree Felony 2 to 20 years in prison
$10,000 potential fine
2 years’ license suspension
First-Degree Felony 5 to 99 years (life) in prison
$10,000 potential fine
2 years’ license suspension
You must also pay all court costs and fees. When the court orders you to install an ignition interlock device and attend substance abuse education or counseling, you must pay those fees as well.
Once your driver’s license suspension ends, you must pay an annual surcharge of up to $2,000 for three years to reinstate and keep your license in good standing.
The court is also likely to impose community service (potentially up to 1,000 hours) and community supervision (probation).
Even once you have served your time and paid all your fines and fees, this DWI conviction will remain on your record for the rest of your life. This can potentially interfere with your ability to get a job, rent a house, get a student loan, or get into college. And, since your crime was a felony, you will lose several of your civil rights, including the right to own a firearm, sit on a jury, or vote.
Why You Want a Felony DWI Lawyer on Your Side
Due to the serious nature of felony drunk driving charges, you may want a DWI lawyer to protect your legal rights.
In addition to protecting your rights and ensuring fair treatment from the criminal justice system, our legal team will fight tirelessly for the best possible results in your case.
We begin by examining every aspect of your case to identify potential violations of your legal rights or errors that could lead to a wrongful conviction. We will mobilize resources that may include:
- Investigators
- Crime scene reconstruction experts
- Toxicology specialists
- Chemical blood alcohol testing experts
Based on our analysis, we will attempt to negotiate with the prosecutor to get your DWI charges reduced or dropped. In some cases, we may have to go to court to defend you against felony DWI charges. In that case, we will build the most robust possible defense to prevent the prosecutor from obtaining a conviction.
How Texas Law Defines Felony DWI
The Texas Penal Code (TPC) defines driving while intoxicated as lacking the physical or mental capacity to operate a vehicle safely. Chemical testing for blood alcohol concentration (BAC) or the opinion of a police officer can affirm the suspicion of driving while intoxicated.
To meet the statutory definition for DWI, you must also have driven your vehicle in a public place while you were intoxicated.
In Highland Park, most drunk driving offenses fall into the misdemeanor category. To warrant a felony DWI charge, one of the following conditions must apply in your case.
- You have two prior DWI convictions.
- You had a minor (under the age of 15) passenger.
- You caused a serious injury while driving drunk (intoxication assault).
- You caused a fatality while driving drunk (intoxication manslaughter).
- You had aggravating circumstances.
In the event of an arrest, the police can request that you undergo a chemical test for BAC, either by breathalyzer, blood testing, or urine testing. If you caused an accident, damages, or injury while driving drunk, the police can obtain a warrant to compel you to submit to chemical testing.
Felony DWI and the ALR Process in Highland Park
Once the police arrest you for felony DWI, they will confiscate your driver’s license and issue you a temporary permit to drive. This triggers the process through which the Texas Department of Public Safety (TxDPS) can suspend your license, known as the Administrative License Revocation (ALR) process. You must schedule your hearing within 15 days of your arrest or TxDPS will suspend your license.
This administrative (civil) proceeding takes place separately from your criminal case, and the hearing takes place before an administrative law judge. The arresting officer typically provides testimony at the hearing, to help the judge determine whether a license suspension is warranted. We can represent you at the ALR hearing, to protect your rights and learn as much as possible about the prosecution’s case against you.
Consult a Felony DWI Lawyer in Highland Park at No Cost
Because of the serious penalties for a felony DWI conviction, you should not attempt to fight this battle alone.
Criminal defense lawyer Randall Isenberg has more than 30 years of experience, having served as a chief felony prosecutor and state district trial judge, as well as a DWI attorney. Our legal team will put this insight to work on your behalf, to fight for your future.
We offer a no-cost, no-obligation case evaluation and consultation to individuals facing felony DWI charges in Highland Park. Before you make any decisions or give a statement to investigators, call us to schedule your appointment at 214-696-9253.