The Texas criminal justice system takes a particularly harsh stance on driving while intoxicated. After a fatal drunk driving accident in Richardson, you could face felony intoxication manslaughter charges, which could put you in prison for decades.

Before you make any decisions or give a statement to the police, talk to an intoxication manslaughter lawyer from the Law Offices of Randall B. Isenberg. We offer a free consultation to evaluate your case and discuss your options. Call us today at 214-696-9253.

Severe Penalties for Intoxication Manslaughter in Richardson, Texas

If you drive drunk and cause a fatal accident, you will face intoxication manslaughter charges – a second-degree felony.

The Texas Penal Code (TPC) establishes the penalties for a second-degree felony conviction as follows:

• Two to 20 years in prison
• Up to a $10,000 fine
• Up to 800 hours of community service
• Up to two years’ suspension of your driver’s license

Upon conviction for intoxication manslaughter in Richardson, the judge may also require you attend substance abuse counseling or go to rehab. You will have to install a breathalyzer on your vehicle and potentially pay restitution to the victim’s family. You will also have responsibility for all court costs and fees.

If you have prior convictions for driving while intoxicated (DWI), or if you had any aggravating factors related to your drunk driving accident, the prosecutor can pursue first-degree felony charges. Upon conviction, you could face five to 99 years (life) in prison.

Aggravating factors that can increase the severity of your charge include:

• Blood alcohol concentration (BAC) of 0.15 or above
• An open container of alcohol in your vehicle
• A passenger age 14 or younger in your vehicle

You will also face first-degree felony intoxication manslaughter charges if the victim was a law enforcement officer, EMT, firefighter, or another type of first responder.

An intoxication manslaughter conviction could potentially interfere with your ability to get a job, rent a home, obtain (or retain) professional licensure, or obtain affordable car insurance. A felony conviction can prevent you from serving on a jury, voting, or possessing a firearm. In fact, you may never again hold a simple hunting license as a result.

An intoxication manslaughter lawyer in Richardson can help you understand the nature of your drunk driving accident charges and explain your potential options.

A Richardson, Texas Lawyer Can Fight for Your Rights & Future

At the Law Offices of Randall B. Isenberg, we understand how frightening and confusing these circumstances can be. But, more important, we also understand that the police and prosecutor sometimes wrongly accuse people of a serious crime – like intoxication manslaughter.

We will go to work immediately, analyzing the circumstances of your arrest and looking for potential problems that could, left unchallenged, lead to your wrongful conviction. We will use any problems we find as leverage to negotiate with the prosecutor. For many clients, we successfully get their intoxication manslaughter charges reduced or even dismissed.

We will be there for you at every stage, protecting your legal rights and fighting passionately on your behalf. We will answer your questions and ensure that you understand your options and how they might affect your future – and your freedom.

Understanding Your Texas Intoxication Manslaughter Charges

To prove intoxicated manslaughter charges, the prosecutor has the burden of proving the following four elements:

• You were intoxicated (a BAC of 0.08 or above)
• You drove a motor vehicle in a public place
• You consequently caused a car accident
• Someone died as a result of the accident

The police can arrest you even without confirmation of your BAC if an officer believes you lacked the mental or physical ability to drive. You could face intoxication manslaughter charges due to drug use as well as alcohol consumption.

The victim could have been a passenger in another vehicle, a passenger in your car, a bicyclist, a pedestrian, or an innocent bystander.

You can also face intoxication manslaughter charges if you operated a boat, flew a plane, or worked an amusement park ride drunk and, as a result, someone lost their life in an accident.

If more than one person died, or if someone else suffered severe injuries in your drunk driving accident, you will potentially face multiple charges.

Legal Defense Strategies in an Intoxication Manslaughter Case

Frequently, innocent people face serious felony charges for DWI manslaughter, thanks to errors made by the police or someone responsible for conducting chemical testing for BAC.

At the Law Offices of Randall B. Isenberg, we know that clients can wrongly face serious intoxication manslaughter charges. We are committed to protecting your legal rights and uncovering any potential errors in your case. Our legal team will develop a criminal defense strategy based on the facts of your case. However, some inherent challenges to intoxication manslaughter charges include the following:

Questioning the Results of Chemical BAC Testing

If the chemical testing used to establish your BAC failed to adhere to governing standards and procedures, we may successfully invalidate the results or have the tests declared inadmissible in court.

Questioning Fault for a DWI Accident

Even if cannot demonstrate a problem with chemical BAC testing results, we can challenge your fault in the subsequent accident or wreck. The fact that you drove while intoxicated does not necessarily prove that you caused an accident.

Questioning the Cause of Death

Even if your BAC test results stand and the prosecutor can demonstrate that your drunk driving led to an accident, we can challenge the accident as the cause of the victim’s death.

The prosecutor carries a high burden of proof in a case as serious as intoxication manslaughter. If we cannot successfully negotiate the reduction or dismissal of your charges, we can mount the strongest possible criminal DWI defense in court.

Click to contact our Intoxication Manslaughter Lawyers today

(214) 696-9253

Free Intoxication Manslaughter Lawyer Consultation for Richardson Clients

Unless you stand ready to spend years or decades behind bars, consider challenging your intoxication manslaughter charges. At the Law Offices of Randall B. Isenberg, our legal team understands how to build the strongest possible case in your defense, and we will work hard to protect your future.

We offer a no-cost legal consultation and case evaluation, to answer your questions and explain your options. Call us today at 214-696-9253 to schedule your appointment with an intoxication manslaughter lawyer in Richardson, Texas.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

Drunk driving laws are especially strict in Texas. If you are facing a drunk driving conviction, even if it’s your first, you don’t want to go at it alone.

In Texas, a drunk driving conviction carries a substantial fine and potentially time behind bars. You may also lose your driver’s license for as long as one year. And, even after you have paid your fine and completed your obligations, you will still have a permanent criminal record.

Before you make any decisions that could profoundly affect your future, talk to a DWI lawyer to ensure you understand your options. Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule a no-cost consultation with a first offense DWI lawyer in Richardson, Texas.

Harsh Penalties Following a First Offense DWI Conviction in Texas

The Texas Penal Code (TPC) establishes the guidelines for DWI, establishing intoxication as a blood alcohol concentration of 0.08 or above.

For your first offense DWI, if your BAC did not exceed 0.149 and you had no other aggravating circumstances, you will face Class B misdemeanor charges. Upon conviction for this charge, you will face penalties that include:

• Monetary fine up to $2,000
• Jail time of three to 180 days
• Driver’s license suspension of up to one year

For a BAC of 0.15 or more, you will face a Class A misdemeanor charge, which carries the following penalties:

• Monetary fine up to $4,000
• Jail time of 30 days to one year
• Driver’s license suspension of up to two years

At the end of your driver’s license suspension, you must pay an annual charge of up to $2,000 to restore your license, for a total of three years.

The judge has the discretion to assess additional penalties as necessary, which could include probation (community supervision), community service, alcohol education classes, substance abuse treatment or the requirement to install a deep lung breath testing device on your car.

But, most important, even a first offense DWI conviction will result in a permanent criminal record. Anyone who conducts a background check on you will have access to your record, and can potentially use this information to deny you for certain opportunities that include:

• House or apartment rental
• Employment
• College admission
• Student loans
• Professional licenses
• Affordable car insurance

And, since most drunk driving convictions do not qualify for expungement or non-disclosure, you must live with this record and its consequences if you agree to plead guilty or if the court finds you guilty of a first offense DWI.

First Offense DWI Lawyer Can Help Protect Your Future

Most first offense DWI clients have never been arrested or spent time in jail. This experience can be frightening and confusing – and the prosecutor may attempt to capitalize on your fear by recommending that you plead guilty.

Before you make that decision, talk to a criminal defense lawyer who specializes in representing first-time DWI clients. Attorney Randall Isenberg of the Law Offices of Randall B. Isenberg has more than three decades of experience in the Texas legal system, including stints as a state judge and as a chief felony prosecutor. Our office will put this experience to work on your behalf.

A DWI lawyer in Richardson can defend your legal rights and help you understand all the options available to you. We will examine the evidence in your case for potential errors by the police or violations of your legal rights. We will use this information to negotiate with the prosecutor, with the goal of getting your charges reduced or your case dismissed. Or, if necessary, we will take your case to court and present the strongest possible defense.

Legal Strategies for Fighting a First Offense DWI

Although our legal team will base your defense strategy on the facts and evidence related to your arrest, we frequently defend first offense DWI clients on one of more of the following bases.

Reasonable Suspicion

Before they can pull you over, the police must establish a reasonable suspicion that you broke the law. Without that reasonable suspicion, the court can declare your traffic stop unlawful.

Probable Cause

To arrest you and request a chemical BAC test, the police must establish probable cause (typically through roadside breath or field sobriety testing). Whatever process the police use to establish probable cause must comply with all governing local, state, and federal guidelines. Otherwise, the court can rule that the police did not establish probable cause for your arrest.

Faulty Chemical Testing

To support the prosecution’s DWI case, the police may request that you submit to chemical testing for BAC, typically either breathalyzer or blood testing. However, unless the individual and facility conducting BAC testing comply with all applicable standards and laws, we may succeed in having the evidence suppressed.

First Offense DWI Driver’s License Suspension Hearing

In addition to the criminal case against you, the Texas Department of Public Safety (DPS) will conduct an administrative hearing to determine the disposition of your driver’s license.

To dispute the suspension of your license, you must formally request this proceeding, called the Administrative License Revocation (ALR) hearing. An administrative law judge will conduct the proceeding and take testimony on the validity of your case.

An ALR suspended license lawyer from our legal team can represent you throughout the ALR hearing process as well as your criminal case, to protect your rights and argue for your ability to keep your license. We will also have the opportunity to question the arresting officer in your case under oath. The information we gain from this testimony can help us to bolster your criminal defense case.

If the judge rules to suspend your license, we can file an appeal or, if necessary, help you obtain a special license that will allow you to get to work, go to school, and to important personal errands.

Click to contact our First Offense DWI Lawyers today

(214) 696-9253

Consult a First Offense DWI Lawyer in Richardson Today at No Cost

To help you make the best choices for you and your future, the Law Offices of Randall B. Isenberg offers a no-cost, no-obligation case analysis. We will answer your questions and help you make the most informed decision possible for your future.

To schedule your consultation with a first offense DWI lawyer in Richardson, call us today at 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

In Richardson, Texas you could face prosecution for domestic violence or family violence even if you did nothing wrong. If you stand accused of domestic assault or aggravated domestic assault, you need a compassionate but aggressive attorney on your side, to protect your legal rights and set the record straight.

The Law Offices of Randall B. Isenberg can provide invaluable insight into the criminal justice system and how the prosecution may go about building a case against you. You do not have to face this challenge alone. We offer a complimentary consultation to answer your questions and help you learn more about your legal options. Contact us today at 214-696-9253 for help.

Family & Domestic Violence Offenses and Penalties

The specific charges you face will depend on the allegations against you and your relationship to the victim. Some of the offenses most commonly associated with domestic and family violence include the following. However, the court can make an affirmative finding of family violence in connection with almost any criminal offense established in the

• Domestic assault
• Aggravated domestic assault
• Stalking
• Online stalking (cyberstalking)
• Violation of protective order

If you commit domestic assault twice within 12 months, you will face the charge of continuous violence against the family, a third-degree felony.

The prosecutor will pursue more serious, aggravated charges if the offense involved a child, a weapon or the threat of a weapon, choking or strangulation, or smothering. You will also face more serious charges if the victim suffered physical injuries, feared for their life, or reported that you threatened their survival.

The prosecutor can pursue one of many charges ranging from a misdemeanor resulting in up to six months in jail all the way to a first-degree felony which carries a sentence of up to 99 years.

Upon conviction for family or domestic violence, you will have a permanent criminal record that you cannot have expunged. You could lose the ability to own or possess a firearm. The judge may refuse to grant bail and, if the court issues a protection order, you may not have the right to live in or even visit your own home. Finally, a family violence conviction could cost you custody of your children.

Why You Need a Family & Domestic Violence Lawyer

The crimes of family and domestic violence differ from most other offenses, specifically about your legal rights. For other crimes, the police must have probable cause to place you under arrest. In this case, they do not need probable cause to put you in handcuffs and take you away.

Similarly, prosecutors can move forward with criminal charges despite having no witnesses or other clear evidence that you committed the offense in question. And, when it comes to domestic or family violence allegations, both society and the criminal justice system tend to presume your guilt.

These are just a few of the reasons that you need a dedicated criminal defense attorney on your side. A family and domestic violence lawyer works for you and you alone, to ensure that you receive fair treatment and the legal rights to which you are entitled.

The legal team at the Law Offices of Randall B. Isenberg in Richardson, Texas will do everything in our power to fight for you.

We will go to work immediately to uncover the truth about the events that led to your arrest. We will dissect every piece of evidence, interview witnesses, and dig into the potential motivations that might underlie the allegations against you. We will also determine whether the police violated your legal rights or made other errors in handling your arrest and any evidence.

We have many options for crafting a defense strategy on your behalf. We will take an aggressive stance with the prosecutor, in an attempt to get your charges reduced or dismissed.

Often, we can identify alternatives to trial, such as deferred adjudication programs. An option like this gives you the opportunity to complete a course of treatment, such as counseling, anger management courses, community service, or whatever actions the court requires.

If we must take your case to court, we will prepare the most persuasive possible case. Because the prosecutor must prove your mindset – that you intentionally set out to harm or intimidate your accuser – we can potentially demonstrate that the incident was merely a misunderstanding. We also have the option of arguing that you acted in self-defense or that your accuser had an underlying motivation for exaggerating or fabricating the allegations.

Understanding the Legal Elements of Family & Domestic Violence

The Texas Penal Code (TPC) sets forth three critical elements of assault, which are intentional:

• Causing physical harm to another person
• Threatening to cause physical harm to another person
• Engaging in physical contact with another person to provoke them

In conjunction with those elements, the offense of assault becomes domestic assault, based on the definitions found in the Texas Family Code, if the act involves

• A current or former spouse
• A current or previous domestic partner
• A current or former dating or romantic partner
• Any person related to you by blood or in law
• A co-parent, co-step-parent, or co-foster parent
• Any current or former member of your household

It is important to note that the court can make an affirmative finding of family violence for almost any violent crime contained in the statutes.

Meet with a Family & Domestic Violence Lawyer in Richardson for Free

Family and domestic violence allegations sometimes arise from misunderstandings, exaggerations, and false accusations made in anger or retaliation. Do not make any statements to the police or enter a guilty plea until you speak with a family and domestic violence lawyer in Richardson, Texas.

The Law Offices of Randall B. Isenberg can provide a no-cost, no-obligation consultation and case evaluation, to help you make the right choice for your future. Contact us today at 214-696-9253 to learn more.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

In Richardson, Texas, arrests, filed charges, and criminal convictions remain a part of your permanent record, potentially preventing you from getting a job, renting a home, holding a professional license, or getting into college.

Depending on the nature of your charges and the outcome of the case, you may have the ability to have your record cleared or sealed from public view. The petition process is complex, and the prosecutor on record has the right to protest your petition for expungement or non-disclosure.

However, an expunction and non-disclosure lawyer in Richardson can help you fight to get a criminal or arrest record sealed or cleared. Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 to learn more.

Criminal Record Expunction in Richardson, Texas

Removing a past arrest or criminal charge from your record requires that a court issue an expunction order, a process also known as expungement. Records that qualify may include arrests for which you never faced charges and criminal charges that ended in acquittal, pardon, dismissal, diversion or an overturned conviction.

If you have a record because someone falsely used your identity during an arrest, you can also petition the court for expunction. Likewise, you can petition for the expungement of many misdemeanors and alcohol offenses you might have incurred as a minor.

Upon granting your request for expunction, the court issues an order directing all parties to destroy your records. It also allows you the ability to legally state that the arrest never happened, even in sworn testimony.

An attorney at our firm can evaluate the details of your criminal record and recommend strategies for expungement or legal alternatives as necessary.

Exceptions That May Disqualify Expunction

If a court convicted you of another crime related to the incident in question, it could disqualify you for expunction. Likewise, a subsequent conviction for the same offense may prevent you from obtaining a court-ordered expungement.

You cannot have jumped bail, violated probation or received community supervision for the crime in question.

You cannot petition for an expunction order unless the statute of limitations or prescribed waiting period has expired. If a prosecutor or another entity needs your records for any reason, that fact may also prevent you from obtaining an expunction.

Legal Representation Can Help You Navigate the Expunction Process

Our legal team can prepare and submit a petition to the court where you initially faced charges to obtain an expunction order. The request requires a variety of information, including:

• Your name and identifying information
• The specific charges you faced
• Arrest date and location
• The law enforcement entity that arrested you
• The court where you faced charges
• Your case number

As a part of the petition, we must also name all parties in possession of your records as a respondent and submit a copy of the request to each one. Each of these individuals or agencies will have the opportunity to comment or protest.

The court will schedule a hearing date to hear relevant evidence both for and against granting your request. At the hearing, we will represent you and present all necessary evidence to prove that you qualify for an expunction order. Respondents may also appear to show proof or give testimony for why the court should not grant your request.

Criminal Record Non-Disclosure in Richardson, Texas

For eligible criminal charges, there are required conditions for receiving an order of non-disclosure. A non-disclosure order seals your record from public view and provides you with the legal right to deny that you got arrested or faced charges.

Although a non-disclosure order does not purge the charges from your record, they will not appear on a background check – although governmental agencies and members of the criminal justice system can still access the information.

To qualify for a non-disclosure order, you must have completed community supervision (probation) or deferred adjudication, and the court must have dismissed the charges.

You will not qualify for non-disclosure if any of the following occurred in your case:

• You plead guilty to the charges
• You entered a plea of no-contest
• A jury rendered a conviction.

Factors That May Affect Eligibility for Non-Disclosure

Even if you meet the qualifications for non-disclosure, the court may deny your request if your case involved any of the following offenses:

• Domestic assault
• Family violence
• Protection order violation
• Sex crimes
• Endangering or abandoning a child
• Injuring a child, elderly or disabled person
• Kidnapping
• Murder

If the statutory waiting period or statute of limitations have not expired, the court can deny your request.

Statutory Waiting Periods for Expunction & Non-Disclosure in Richardson

The required waiting period for requesting an expungement depends on the nature of the crime. The court may consider your petition early, as long as the prosecutor in your case can retain the records until the waiting period ends.

All felonies require a three-year waiting period from the date of your arrest.

For misdemeanors, the statutory waiting periods are as follows, from the date of your arrest.

• Class C –180 days
• Class B – 12 months
• Class A – 12 months

You can petition for misdemeanor non-disclosure upon completing your required community supervision or other requirements outlined in your deferred adjudication agreement. The exception is that, if your charges pertained to sex crimes, weapons offenses, or violent acts, you must wait a full three years after completion of community supervision.

For any felony offense, you must wait for ten years after you finish community supervision before you can petition for non-disclosure.

Click to contact our Expunction and Non-Disclosure Lawyers today

(214) 696-9253

Free Consultation with an Expunction & Non-Disclosure Lawyer

To successfully obtain an order of expunction or non-disclosure, you must follow the prescribed legal processes carefully. Otherwise, the court could throw out your request. Even more important, however, is that any respondent can attempt to convince the court that granting you an expunction or non-disclosure order is not in the best interest of justice.

The Law Offices of Randall B. Isenberg brings more than 30 years of experience in the Texas criminal justice system to work for you. Our legal team will work hard to get you the best possible outcome in your case.

To learn more about whether your case may qualify, you can consult with an expunction and non-disclosure lawyer in Richardson for free. Call us today at 214-696-9253 to schedule your complimentary consultation.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

If you face charges of DWI involving an accident, wreck, or injury, you could face serious felony charges, substantial fines, probation, community service, and alcohol education or counseling. You might even lose your driver’s license for up to two years.

You don’t have to face these charges alone. A DWI injury accident lawyer in Richardson, Texas can help you. Call the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule a no-cost consultation and case analysis.

DWI Accident, Wreck, or Injury Charges in Richardson, Texas

The specific charges you face in relation to your accident will depend on a variety of conditions.

Circumstances of Your Arrest

According to Texas Penal Code, intoxication is having a blood alcohol concentration (BAC) of 0.08 or above. However, if the chemical test indicated a BAC of 0.15 or above, you might face increased charges.

Also, if you had a minor passenger in your vehicle at the time of the accident or an open container in your car, you may face additional criminal charges.

Prior Criminal Record

The severity of the charges you will face for a DWI involving an accident, wreck, or injury also depends on whether this is your first offense DWI, second offense DWI, or a subsequent offense. The more convictions you have, the more serious your charges will be.

DWI Accident with Property Damage

For a drunk driving accident with property damage, you face the standard level of DWI charges as well as potentially criminal mischief, reckless damage or destruction charges.

Potential DWI Accident, Wreck, or Injury Penalties

Either one of the two types of accidents outlined below may apply to your circumstances. Meeting with a legal team can help you determine your options and have key questions answered before going to court.

DWI Accident or Wreck with Injury: Intoxication Assault

Intoxication assault charges might apply if you caused an accident while driving drunk that led to serious bodily injury to the victim. Upon conviction for this offense, you can face a minimum penalty of:

• Two to 10 years in prison
• Monetary fine up to $10,000
• Up to two years’ driver’s license suspension

The judge may also impose community supervision (probation), community service, substance abuse counseling, or a rehabilitation program.

DWI Accident with Fatality: Intoxication Manslaughter

If the victim in your drunk driving accident dies from his or her injuries, the prosecutor will have the option to pursue a conviction for DWI intoxication manslaughter. The penalties associated with this charge include:

• Two to 20 years in prison
• Monetary fine up to $10,000
• Up to two years’ driver’s license suspension

Legal Defense Strategies for DWI Involving an Accident or Injury

The prosecutor may try to convince you to plead guilty, suggesting it could help minimize your time behind bars and get this nightmare behind you. Before you make any such decision, however, discuss your options with a DWI involving an accident, wreck, or injury lawyer in Richardson, Texas.

At the Law Offices and Randall B. Isenberg, we utilize a variety of defense strategies on behalf of our clients, depending on the circumstances of the case. If we can identify specific violations of your legal rights, we can potentially use this information to convince the prosecutor to reduce or even dismiss your charges. Common legal defense strategies we might employ include:

Improperly Conducted BAC Testing

Breathalyzer testing for BAC must comply with established standards, including training and certification of the testing technician; maintenance, testing, and calibration of the testing equipment; and protocols for the testing itself. If the police or technician failed to follow any of these protocols, the subsequent evidence might be inadmissible in court.

Faulty BAC Test Results

Many factors can affect breathalyzer testing outcomes, including medications, recently consumed food or beverages, and even your mouthwash. If we can demonstrate that confounding factors were present, we may successfully argue that the BAC test results lack validity.

Inability to Prove Causation

The prosecution must also prove beyond a reasonable doubt that your drunk driving caused the accident in question and that the crash caused any subsequent damage or injury.

Whatever strategies we elect to use, our team will protect your legal rights, answer all your questions, and ensure you have the information you need to make the right decisions in your case.

Consult a DWI Accident Injury Lawyer in Richardson for Free

Conviction of a drunk driving offense can seriously affect your future. Before you make any decisions about your case or give a statement to the police, contact the Law Offices of Randall B. Isenberg for a no-cost, no-obligation case evaluation.

Our legal team is here for you. If you are facing charges for a DWI involving an accident or injury, do not wait to contact legal counsel. To schedule your complimentary consultation with a felony DWI lawyer, call us today at 214-696-9253.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

In Richardson, getting arrested for driving while intoxicated means facing DWI charges but, in addition to your criminal case, you will also face a civil proceeding that determines what happens to your driver’s license. The driver’s license suspension hearing offers you the chance to make a case for why you should get to keep your license, but it also offers important insights into the prosecution’s criminal case. Having a DMV hearing lawyer on your side will help you make the most of this opportunity.

The Law Offices of Randall B. Isenberg offers a free consultation to discuss your upcoming DMV hearing so that you can make the best choice for your future. Contact us today at 214-696-9253 to get started.

What You Need to Know About a Texas DMV Hearing

Getting arrested for drunk driving in Richardson typically leads to the filing of criminal DWI charges by the prosecutor. But, even if the prosecutor does not press charges (or if the court dismisses the charges or exonerates you), you will still face the Texas Department of Motor Vehicles (DMV) hearing and the possibility of losing your license, for up to two years in some cases.

The Texas Department of Transportation (DPS) handles the DMV hearing, technically called an Administrative License Revocation (ALR) hearing. This administrative proceeding goes forward even if your criminal case does not.

When you obtain a Texas driver’s license, you agree with DPS that you will not drive a vehicle while statutorily intoxicated or refuse to submit to chemical testing for BAC upon the request of an officer.

For most drivers, the statutory definition of intoxication is having a blood alcohol concentration of 0.08 or above, unless you:

• Are below the age of 21 (zero tolerance for BAC)
• Hold a commercial driver’s license (CDL) (BAC of 0.04 in most cases)

It is important to note that the police can arrest you for DWI without a chemical BAC test if an officer believes you lack the physical or mental capacity to drive safely.

Understanding the DMV Hearing Process in Texas

During a traffic stop, the police use selected measures to establish probable cause for intoxication, including administering field sobriety tests or asking you to blow into a portable roadside breath testing device.

If the officer concludes that you meet or exceed the statutory definition for intoxication, he or she will place you under arrest and issue you a temporary driving permit.

This temporary permit provides the information you need to request a DMV hearing. If you neglect to formally request a hearing within 15 days of your arrest, you give up your right to contest the license suspension, and DPS will revoke your license.

The term of your suspension will depend on any prior offenses and whether any aggravating circumstances apply. Potential aggravating circumstances include:

• Having a BAC of 0.15 or above
• Having an open container of alcohol in the car
• Having a minor passenger (age 14 or below)
• Causing an accident with injuries or property damage

In most cases, driver’s license suspensions range from six months to two years.

The ALR hearing takes place at a location near you, as specified by the Texas State Office of Administrative Hearings (SOAH). An administrative law judge oversees the proceedings, hearing sworn testimony from both sides and ruling on the disposition of your license.

The Importance of Having a DMV Hearing Lawyer

Although your criminal case has no bearing on the DMV hearing, the prosecutor can use any testimony you provide during the ALR hearing against you in your criminal case.

A DMV hearing lawyer from the Law Offices of Randall B. Isenberg will protect your legal rights prepare you for the DMV hearing to ensure you do not make any potentially self-incriminating statements in your testimony. We will also ensure that DPS receives your request for a DMV hearing, so that you do not run the risk of losing your right to argue against the suspension.

We will make the most persuasive possible argument against license suspension. However, if the judge does rule for suspension, we can appeal that decision or request an occupational license. Having an ALR suspended license lawyer can potentially improve the outcome of your criminal case.

How the DMV Hearing Affects Your Criminal DWI Case

At your DMV hearing, the arresting officer (and any other party with relevant information to contribute) will give sworn testimony regarding the circumstances of your traffic stop, arrest, and chemical BAC testing. The judge will use this information to determine the merits of your case before deciding whether to suspend your driver’s license.

At this hearing, our legal team has the first opportunity to evaluate the strength of the prosecutor’s case. If the prosecution’s evidence appears strong, we can use this information to help us bolster the strength of your defense.

However, if the prosecutor has a weak case, we can also use this information as leverage to negotiate for a reduced charge or dismissal of your case. If the prosecutor will not settle and we proceed to court, this insight will provide valuable guidance for building a case to impart reasonable doubt to the judge and jury.

Click to contact our DMV Hearing Lawyers today

(214) 696-9253

Free Case Review with a DMV Hearing Lawyer in Richardson, Texas

Having a knowledgeable attorney to represent you at the DMV hearing offers many significant benefits. Choosing the right legal team will not only help you achieve the best possible outcome for your license suspension, but it will also help you attain the best possible results in your criminal DWI case.

The team at the Law Offices of Randall B. Isenberg understands the importance of the DMV hearing to both sides of your case. We will work tirelessly in your defense, fighting for your future. Contact us today at 214-696-9253 to schedule a free consultation with a DMV hearing lawyer in Richardson, Texas.

Call or text or complete a Free Case Evaluation form

(214) 696-9253