To obtain a DWI conviction in Texas, the police and prosecutors rely on chemical testing for blood alcohol concentration, including breathalyzer and blood tests. Unfortunately, these testing methods do not always provide a reliable representation of impairment. To avoid a drunk driving conviction based on faulty evidence, you need a breathalyzer and blood test defense lawyer in McKinney who understands the problems inherent in this testing.

At the Law Offices of Randall B. Isenberg, we can analyze the evidence in your DWI case and demonstrate to the prosecutor—or, if necessary, the jury—any problems or flaws that can help you obtain the best possible outcome in your case.

Our legal team specializes in challenging toxicology reports as a strategy for defending McKinney DWI and felony DWI clients. Contact us today at 214-696-9253 to learn more about how we can help you.

How Can a Breathalyzer and Blood Test Lawyer Help My DWI Case?

Upon conviction for drunk driving in McKinney, you face the very real possibility of going to jail—even for a first-offense DWI. You will also face significant monetary penalties, suspension of your driver’s license, and a permanent criminal record. You may have to serve probation and perform community service, install an ignition interlock device on your vehicles, and attend classes, counseling, or go to rehab. Your auto insurance premiums will likely rise after your conviction.

Most people cannot afford to face these serious consequences, which can disrupt their lives for decades. That is where the Law Offices of Randall B. Isenberg comes in.

Our legal team has defended many clients using our in-depth knowledge of how chemical BAC testing can produce false-positive results. Attorney Randy Isenberg has even taught continuing legal education courses on this very subject. This level of understanding—combined with more than 30 years of experience in the Texas criminal justice system—means we know how to get the results you want.

Throughout the process, we will protect your legal rights, answer all your questions, and make sure you understand your options. Never assume that a positive test result for BAC will lead to a conviction. We can use any potential problem with the test results as leverage to negotiate with the prosecutor to have your charges reduced or dismissed. If necessary, we will present our rebuttal evidence in court to introduce reasonable doubt.

If you face aggravated DWI charges—if your BAC registered 0.15 or higher—having a knowledgeable criminal defense attorney is even more important. If we can successfully challenge the veracity of your breathalyzer or blood toxicology results, we may succeed in forcing the prosecutor to reduce your charges to an offense that carries substantially less serious penalties. Alternately, we can file a motion in court to have the evidence thrown out.

Potential Breathalyzer and Blood Test Defense Strategies

Our legal team identifies the legal defense strategies that are most appropriate based on the facts and evidence of your case. However, we commonly call on one or more of these tried-and-true approaches for a breathalyzer and blood test defense.

Failure to Establish Probable Cause

To arrest you and request chemical BAC testing, police officers must establish probable cause. If the arresting officer in your case failed to establish probable cause before arresting you, we can negotiate with the prosecutor or petition the court to disallow the BAC test result evidence in court.

Violation of Testing Standards

Once the police place you under arrest, they must transport you to an approved location before conducting breathalyzer or blood testing.

For breathalyzer testing, the Texas Department of Public Safety (TxDPS) crime lab requires the location to comply with standards for a Breath Alcohol Laboratory (BAL). Most precincts designate some portion of the station as their BAL, which must comply with alcohol testing requirements listed in the Texas Administrative Code.

The police must obtain DPS certification for their testing equipment and any technician who administers a chemical BAC test. Breathalyzer equipment and testing methods must also comply with the testing procedures of the National Highway Traffic Safety Administration (NHTSA), including its list of allowed BAC testing devices.

If the police refer you for blood testing, this BAC testing must also comply with strict standards. Upon request from our office, the prosecutor must supply evidence of the blood testing lab’s qualification and verify that the lab carried out both the testing and sample analysis correctly.

Any deviation from these standards can invalidate your rest results. The prosecution must provide proof of compliance with all standards and regulations upon our request.

False Positives

Many clients receive a false positive breathalyzer reading because of their diet or certain medications. You could even blow a false positive BAC as a result of using certain mouthwashes.

With a wealth of resources at our disposal, including subject matter experts well-versed in toxicology, disputing breath and blood testing reports provides a highly effective approach for DWI defense.

Consult With a Breathalyzer and Blood Test Defense Lawyer at No Cost.

The criminal defense team at Law Offices of Randall B. Isenberg understands the importance of mounting an aggressive defense on your behalf. We will work tirelessly to build the strongest possible case for you.

To assist you in making an informed decision about your case, we offer complimentary consultations and case reviews. We can explain how these serious charges can affect your future, and help you explore all viable options. We will also answer your questions and address any concerns you have.

Before offering any statements to the police or making decisions that could affect your future, contact our office today at (214) 800-5859 to speak with a breathalyzer and blood test defense lawyer in McKinney.

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(214) 696-9253

One of the harshest penalties for drunk driving  is the driver’s license suspension. Even for a first-offense DWI, you face the automatic suspension of your license for up to a full year. In addition to a significant financial penalty and the potential for jail time, losing your license can prevent you from getting to work or school, or even handling basic personal errands such as going to the doctor, the bank, or the grocery store. You must attend a hearing to determine what happens to your license. Known as the administrative license revocation (ALR) hearing, this proceeding takes place separate from the criminal portion of your case. An ALR suspended license lawyer in McKinney can help you navigate this process.

The legal team at the Law Offices of Randall B. Isenberg provides legal representation for McKinney clients facing the suspension of their driver’s license for DWI. Contact us today at (214) 800-5859 to learn more about how we can protect your legal rights and fight for your right to retain your license.

What Is an ALR Suspended License Hearing?

In Texas, the Department of Public Safety (DPS) oversees the ALR Program. The purpose of the ALR program is to penalize Texas motorists who drive or boat while intoxicated, or refuse to take a breathalyzer or blood test for blood alcohol content (BAC) when the police request it.

When you obtain your Texas driver’s license from DPS, you agree that you will:

• Not drive while intoxicated; and
• Submit to BAC testing when an officer deems it appropriate.

The penalty for violating this agreement is the suspension of your license for a period of 90 days to two years.

When the police pull you over for DWI, they typically use field sobriety testing to determine your ability to operate a vehicle. If they determine they have probable cause to establish intoxication, they will seize your license and issue you a temporary permit to drive.

You have 15 days from the date of your arrest to schedule your ALR suspended license hearing. If you fail to request a hearing, DPS will suspend your license automatically after 40 days.

Attending the ALR hearing is critical. It is the only opportunity you have to fight to keep your driver’s license.

How Can a Lawyer Help Me?

When you select the Law Offices of Randall B. Isenberg to represent you in the ALR proceedings, you can rest assured that our team will protect your legal rights throughout this process. We will schedule the hearing on your behalf and make sure you appear at the appointed time and location. We will prepare you in advance to ensure that you do not make any statements that could compromise either the ALR hearing or your criminal case.

The ALR hearing—sometimes called a DMV hearing—is an administrative proceeding, rather than a criminal proceeding. It goes forward no matter what happens in your criminal case, even if the prosecution reduces or drops the criminal charges pending against you.

Our team handles the scheduling of your ALR suspended license hearing, a process that can confuse many clients. The temporary driving permit the police issue contains instructions on how to schedule your hearing. You must make your request in writing, via the U.S. Postal Service, or by submitting an online form on the DPS website.

Upon receipt of your request, DPS sends a written confirmation to the address on record for your driver’s license. If you do not have your current address on file, you may have no way of knowing whether DPS received your request or scheduled your hearing.

When our legal team handles this for you, we can make the request directly and receive confirmation on your behalf, taking the risk and guesswork out of the process.

An administrative law judge will oversee the hearing, following the same legal protocols and rules of evidence as a criminal proceeding. During the hearing, the arresting officer in your case gives sworn testimony as to why you should lose your license. You will also give sworn testimony during the hearing, which the prosecutor can use against you in your criminal case.

Consequently, it is important that you have legal representation at your suspended license hearing as well as during your criminal appearances. Our legal team will represent you at the hearing and question the arresting officer under oath. This could give us valuable information about the prosecution’s case against you.

Our legal team can also argue for your ability to keep your license. If the judge rules to suspend your license, we can appeal the decision or petition the court to grant you an occupational license. An occupational license allows you to drive legally to work and school, and to tend to essential household needs like going to the grocery store, bank, or doctor’s office.

In addition to protecting your legal rights, our team will be there every step of the way to answer your questions and explain your options so that you can make the most informed choices for your future.

Meet With an ALR Suspended License Lawyer in McKinney at No Cost

Before you make any decisions regarding drunk driving charges or the ALR suspended license hearing, schedule a complimentary consultation and case review with the Law Offices of Randall B. Isenberg.

Attorney Randall Isenberg has worked inside the Texas criminal justice system for more than three decades. Serving as a chief felony prosecutor and a state district court judge before going into private practice, he understands the complex legal system and how to achieve the best possible outcome in your case. His unique insight and willingness to work tirelessly on your behalf ensure he has what it takes to get the job done for you.

Contact us today (214) 800-5859 to schedule an appointment or to learn more about how we can help you navigate the ALR suspended license hearing process.

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(214) 696-9253

A felony DWI lawyer in McKinney can defend your rights and determine the best approach for your defense. DWI attorney Randall Isenberg will put his more than 30 years of experience in the Texas criminal justice system to work on your behalf.

In McKinney, a felony DWI conviction will put you in jail for at least six months, but potentially up to 99 years (or life). You will face a monetary fine as high as $10,000 and you could lose your driver’s license for years. And, this conviction will remain on your permanent record.

Call us today at (214) 800-5859 for help.

Why Am I Facing Felony Charges?

Under the Texas statutes, you will face felony drunk driving charges if you have two prior DWI convictions. You will also face felony DWI charges if you caused an accident that injured someone or if a person died in an accident your intoxication caused.

A DWI lawyer can protect your rights and fight these serious charges.

How Serious are the Penalties for a Felony DWI in McKinney?

The laws that govern felony drunk driving charges in McKinney, TX, found in the Texas Penal Code (TPC), establish a BAC of 0.08 or above as the threshold for DWI. While you qualify for felony charges if you have two DWI convictions on your record, you also qualify if you have one prior intoxication manslaughter conviction.

You will also face felony drunk driving charges if you had a minor passenger (an individual under the age of 15) when you drove drunk.

Based on your criminal record and the details of your drunk driving arrest, the prosecutor can pursue charges ranging from a state jail felony to a first-degree felony.

You will also pay all court costs and fees and the cost of any mandated alcohol safety courses, treatment, or counseling. The court will require you install a breath-activated ignition lock on your vehicle and you will likely face supervised probation and up to 1,000 hours of community service.

Once your driver’s license suspension period ends, you must pay a $1,000-$2,000 fee each year for three years to maintain your license in active status.

A felony DWI also leaves a permanent mark on your criminal record, which anyone can see if they perform a background check. This can interfere with your ability to rent a home or get a job, and it disqualifies you from holding many types of professional licenses. You will lose certain rights, such as voting, sitting on a jury, or possessing a firearm.

What Can a Felony Drunk Driving Lawyer Do for You?

Unless you are prepared to spend months or years in prison or state jail, you must explore your options for fighting felony drunk driving charges.

The Law Offices of Randall B. Isenberg provides representation to clients accused of felony DWI in McKinney. We will ensure the protection of your legal rights and help you explore all available options.

Our legal team will begin by obtaining and analyzing all available information and evidence in your case. We will look for potential violations of your constitutional rights and possible errors committed by the police or chemical blood alcohol concentration (BAC) testing personnel.

We can use any potential issues we find to negotiate for reduced charges or to petition the court for case dismissal. Or, if necessary, we will use this information in court as a part of your criminal defense.

Because the prosecution must prove your guilt beyond a reasonable doubt to obtain a felony DWI conviction, we can use a number of strategies to introduce this reasonable doubt.

For example, if the arresting officers in your case failed to follow the National Highway Traffic Safety Administration‘s (NHTSA) field sobriety testing guidelines, they may not have had probable cause to arrest you.

Likewise, if the breathalyzer testing in your case did not comply with the NHTSA standards, or if the equipment or technician lacked proper certification, the court could disallow the BAC evidence.

Our legal team will select the most appropriate legal strategies based on the details of your case, to ensure that we build the best possible case on your behalf.

Is There a DMV Suspended License Hearing Required for Felony DWI?

Any time the police arrest you for drunk driving, felony or misdemeanor, you must attend a hearing to determine whether you will lose your driver’s license.

This proceeding is known as Administrative License Revocation (ALR). Separate from your criminal charges, this is a civil process conducted by the Texas Department of Public Safety (TxDPS).

To fight the revocation of your license, you must request your ALR hearing within 15 days. Otherwise, TxDPS automatically suspends your license in 40 days’ time.

At your hearing, you must give sworn testimony before an administrative law judge. The arresting officer will also give testimony. We will represent you at the ALR hearing, protect your legal rights, and ensure that you do not provide the prosecution with any evidence it can use in your criminal trial.

Click to contact our Felony DWI Lawyers today

(214) 696-9253

Schedule a No-Cost Case Review with a McKinney Felony DWI Lawyer

The sooner you can talk to a felony drunk driving lawyer about your case, the better your knowledge and understanding of the charges will be.

The Law Offices of Randall B. Isenberg will provide a complimentary consultation to answer any questions you may have and to help you make an informed decision for your future.

Randall Isenberg brings experience as both a state judge and chief felony prosecutor as well as a criminal defense attorney.

Contact our office today at (214) 800-5859 to put that knowledge, insight, and experience to work for you.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

A drunk driving charge in McKinney can cost you your driver’s license for as long as two years. You will face a substantial fine and likely spend time in jail. And, even after you pay your fine and do your time, you will have a permanent criminal record that can interfere with your ability to get a job or hold a professional license. Before you make any decisions that could profoundly affect your future, talk to a DWI lawyer in McKinney to explore your options.

The Law Offices of Randall B. Isenberg can help clients who face any type of DWI in McKinney and the surrounding areas. Contact us today at 214-696-9253 to learn more about how we can help you.

What Are the Penalties for a DWI in McKinney?

The nature and severity of penalties you may face for a drunk driving charge in McKinney depend on the circumstances of your arrest and your criminal record.

Texas DWI laws, as established in the Texas Penal Code, define intoxication as having a BAC of 0.08 or more. However, the police can arrest you based on an officer’s opinion of your mental and physical impairment.

For a first offense DWI (if your BAC did not exceed 0.149), you could spend anywhere between three days and six months in jail. You will face a $2,000 fine and you risk losing your driver’s license for as long as one year.

For a second offense DWI, jail time ranges from 30 days to one year, with a mandatory 72-hour stay. You will also owe a $4,000 fine and lose your license for up to two years. A third conviction (felony DWI in the state of Texas) will earn you between two and 10 years in prison and a $10,000 fine.

In addition to those penalties, you must pay all court costs and fees and attend (and pay for) an alcohol safety education course. The judge will likely require you to install an ignition safety interlock device on your car and may impose supervised probation and community service.

When your driver’s license suspension ends, you will have to pay a $1,000-$2,000 fee to have it reinstated and another $2,000 each year for up to three years to keep your license active.

If your DWI arrest involved any aggravating circumstances, or if you had a BAC of 0.15 or above, your penalties double. Aggravating circumstances include having an open container of alcohol in the vehicle or having a minor child (age 14 and below) as a passenger.

What might be the biggest consequence, however, is a permanent mark on your criminal record. With a DWI conviction on your record, you may struggle to get a job or even rent an apartment. Your auto insurance premiums will skyrocket, and you may become ineligible to hold a professional license.

In most cases, you cannot have a drunk driving conviction expunged from your record or sealed from public view. Consequently, any time someone runs a background check on you, they will have access to your record.

How Can a DWI Lawyer in McKinney Help You?

A DWI lawyer from the Law Offices of Randall B. Isenberg will protect your legal rights. With more than 30 years in the Texas criminal justice system, including time spent as a chief felony prosecutor and state court judge, Randall understands how the system works.

This extensive knowledge and experience helps us fight for the best possible outcome for your case.

Our legal team will explain your options and help you choose the best course of action for protecting your future. We will carefully and extensively examine all the evidence in your case, to determine if the police violated your legal rights or mishandled the chemical testing for BAC.

Our legal team can use any potential problems of this nature to negotiate with the prosecutor. In many cases, we can successfully negotiate with the prosecutor to reduce or drop the charges or file a motion in court to have your case dismissed.

Even if that approach fails, we can build the h2est possible case and defend you in court.

Throughout the entire process, we will be by your side, protecting your rights and fighting for your future. Before you give any statements to the police — or agree to plead guilty to DWI charges — contact us to learn what your options are.

Will You Lose Your Driver’s License for a DWI in McKinney?

At the time the police arrest you for drunk driving, they will take your license and issue you a temporary permit to drive. From that time, you have 15 days to request a formal hearing that will determine whether you lose your license and for how long.

This hearing, known as the Administrative License Revocation (ALR) hearing, proceeds separately from the criminal aspects of your case. The Texas Department of Public Safety (TxDPS) oversees the ALR proceedings, which take place in civil court before an administrative law judge.

Our legal team will represent you through the ALR process. This is critical for two reasons. First, we can help fight for your right to keep your license, so you continue to have a means of getting to work or school, as well as to medical appointments and other important personal errands.

More importantly, we will protect your legal rights during the ALR hearing, when you must give sworn testimony that the prosecutor could use against you in your criminal case.

Because the arresting officer must also give testimony at the ALR hearing, we can use this opportunity to learn more about the prosecution’s evidence and use that information to help strengthen your criminal defense.

What Legal Strategies Will We Use to Fight Your DWI Charge?

In addition to negotiating with the prosecutor to have your charges dropped or dismissed, we have many options for defending you against a McKinney DWI.

One approach our legal team may use is to question whether the police had reasonable suspicion to pull you over. If not, we can argue the traffic stop was illegal.

We may also question whether the police had probable cause to arrest you and make you submit to chemical testing for BAC. If the officer used field sobriety testing to establish probable cause, we may argue that they failed to follow the guidelines established by the National Highway Traffic Safety Administration (NHTSA).

Likewise, any breath or blood testing for BAC must follow the guidelines established by the NHTSA and TxDPS. Any violations of these standards may render the subsequent evidence inadmissible in court.

And that is why we always advise our clients that, even if the evidence appears incriminating in your case, our legal team may be able to successfully identify strategies to help overcome the challenge.

Click to contact our DWI Lawyers today

(214) 696-9253

Did You Know You Can Talk to a McKinney DWI Lawyer for Free?

The Law Offices of Randall B. Isenberg offers free consultations for residents facing McKinney DWI charges. We can answer your questions and help ensure you understand what is at stake for your future. That way, you can make the right choice for you.

Contact us today at (214) 800-5859 to learn more about what a McKinney DWI lawyer can do for you.

Call or text or complete a Free Case Evaluation form

(214) 696-9253