Drinking and driving can get you into a lot of trouble in Denton, especially if you are under 21. An underage DWI charge can cost you your driver’s license. A conviction might also mean large fines and jail time. The worst part, however, is that you will have a permanent criminal record that can prevent you from gaining employment, renting an apartment, getting student loans, or even getting into the college of your choice.

An underage DWI lawyer in Denton will protect your legal rights and fight for your future. Attorney Randall Isenberg has more than 30 years’ experience navigating the criminal justice system. Call the Law Offices of Randall B. Isenberg at 214-696-9253 to put that experience to work for your underage DWI case.

Will You Go to Jail for an Underage DWI Conviction?

Upon conviction for an underage DWI charge, you will likely face jail time, in addition to substantial fines and the suspension of your driver’s license.

Depending on the circumstances of your arrest and your prior criminal record, you could face years in prison.

For your first under 21 DWI, you will face class B misdemeanor charges. Upon conviction, you will face the following penalties:

• 3 days to 6 months in jail
• Monetary fines of up to $2,000
• Driver’s license suspension of 90 days to 6 months

For a second offense of underage DWI, you will face class A misdemeanor charges, with penalties that include:

• Up to 1 year in jail
• Monetary fines of up to $4,000
• A potential 2-year license suspension (minimum 6 months)

Upon your third (and subsequent) arrest for underage DWI, you will face felony charges, with penalties including:

• Up to 10 years in prison
• Monetary fines of up to $10,000
• A potential 2-year license suspension (minimum 6 months)

In addition to the fines, jail time, and driver’s license suspension, you must also attend alcohol education courses. The judge may require you to put an ignition interlock mechanism in your car and sentence you to probation or community service. The court may also compel you go to rehab or substance abuse counseling.

For a young driver, the worst part of an underage DWI conviction is that it stays on your record permanently, with no opportunity for sealing or expunging your record.

Consequently, anyone who runs a background check on you — such as a potential employer, landlord, or college admissions office — will know about your crime. They can use this knowledge to deny you a job, an apartment, or school admission. In many cases, a drunk driving conviction will prevent you from holding a professional license, such as those needed to be a teacher or nurse. Your car insurance costs will significantly increase as well.

How Does Underage DWI Differ from Underage DUI?

This question causes confusion for many young drivers and their families, as the Texas statutes provide for two different types of underage drinking and driving charges.

The simple answer is that the type of charge you will face depends on your blood alcohol concentration (BAC) when officers placed you under arrest.

Drivers under age 21 will face underage DUI if a chemical BAC test shows any trace of alcohol. However, a BAC of 0.08 or above will earn you full-blown DWI charges, no matter how old you are.

The Texas statutes, as outlined in the Texas Penal Code, also allow the police to charge you with underage DWI if you have drugs in your system or if an officer determines that you drove while lacking appropriate physical or mental capacity to do so safely.

If your BAC registers above 0.15, you will face aggravated DWI charges, which carry substantially higher fines and jail time. You will also face aggravated charges if you had any passengers under the age of 15 or an open container of alcohol in the car with you.

If the police can prove you provided alcohol to a minor, or if you caused an accident — especially if the DWI accident resulted in injuries or a fatality — you will face felony charges that, upon conviction, could put you in prison for many years, even if you have no prior record.

How Can an Underage DWI Lawyer Help You?

When you call on Randall Isenberg, you will have the benefit of his more than three decades of experience in the criminal justice system. And, because he served as chief felony prosecutor and a state judge in addition to his time as a criminal defense lawyer, he brings invaluable insight into how the prosecutor will try to build a case against you.

The first thing our legal team will do is carefully analyze the evidence in your case, in search of potential weaknesses in the evidence or mistakes made during your arrest and processing.

If the police violated your legal rights, for example, or if your BAC testing failed to comply with required standards and procedures, our team can use this information to negotiate with the prosecutor. In some cases, we may succeed in getting your DWI charges reduced (to underage DUI, for example) or even dropped.

If your case does to go court, our legal team will build the strongest possible defense. The seriousness of these charges requires the prosecutor to prove your guilt beyond a reasonable doubt, providing ample opportunities for us to present evidence in your defense.

Throughout the criminal process, we will be there to protect your legal rights and to answer all your questions. If you get us involved early enough, we can also help you navigate the process that determines whether you get to keep your driver’s license.

Will You Lose Your License for an Underage DWI?

Once the police arrest you on underage DWI charges, it triggers a process known as Administrative License Revocation (ALR).

At the time of your arrest, the police will seize your license and issue a temporary driving permit that allows you to drive for 40 days after your arrest. You must request an ALR hearing within 15 days, using the procedure outlined on the temporary permit. If you fail to request the hearing, the Texas Department of Public Safety (TxDPS) will revoke your license after 40 days.

At your hearing, both you and the arresting officer will give sworn testimony. Although the ALR proceedings are unrelated to the criminal aspect of your case, the prosecutor can — and will — use anything you say at the hearing against you in court.

With our legal team there to represent you, we can make a case on your behalf and protect your legal right to not incriminate yourself. We can also gain valuable information and insight into the prosecution’s case, which can help us build a more effective criminal defense.

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(214) 696-9253

Meet with an Underage DWI Lawyer in Denton Today for Free

Talk to an underage DWI attorney before you make any decisions about your case.

The Law Offices of Randall B. Isenberg offers a no-cost, no-obligation consultation for you and your family. This will help ensure that you understand your options and get the answers you need to make the right decision.

Contact us today at 214-696-9253 to make an appointment with an underage DWI lawyer in Denton.

Call or text or complete a Free Case Evaluation form

(214) 696-9253

If you are facing probation violation accusations, your freedom is on the line. You lose quite a few legal rights after a probation violation; however, you do retain the right to legal representation. Let a probation violation lawyer in Denton help you defend against these accusations.

The Law Offices of Randall B. Isenberg offers free consultations for probation violation clients in Denton. Call us today at 214-696-9253 for help.

Why Do I Need a Probation Violation Lawyer?

If you fail to follow the requirements of your probation agreement, the court will likely invalidate your agreement and any freedoms it granted you. This can end with you serving the maximum sentence allowable under the Texas statutes.

You can defend yourself against a probation violation; however, it is easier for the prosecution to prove a probation violation than it was to prove you committed the original crime you received probation for. If the prosecution can prove by a preponderance of the evidence that you violated your probation, you might end up behind bars.

Do you know how to successfully defend yourself against probation accusations? If not, you might want to discuss your case with a Denton probation violation attorney.

A probation violation lawyer like attorney Randall Isenberg understands the intricacies of the Texas probation statutes and how best to protect your remaining legal rights.

Depending on the details of your case, our legal team will craft a strategy for your defense and represent you at your probation revocation hearing and every other aspect of your case.

With more than 30 years of experience navigating the criminal justice system as a judge, prosecutor, and criminal defense attorney, Randall B. Isenberg brings a depth of knowledge to your case, working tirelessly to protect you and your future.

How Do I Know Whether I Violated My Probation?

In your original probation agreement, the court set forth the terms and conditions with which you must comply. Probation terms often include:

• Drinking
• Doing drugs
• Getting arrested
• Leaving the county or state without permission
• Failing to report to your probation officer (PO)
• Failing/refusing a drug test
• Not maintaining gainful employment
• Failing to perform community service
• Failing to attend mandated education courses
• Moving without notifying your PO

Failure to comply with any of these terms is a probation violation.

What Happens After a Probation Violation in Denton?

Once the court issues a Motion to Revoke or Adjudicate, it will generate a warrant for your arrest. After taking you into custody, the police will hold you until your hearing if you had a suspended sentence agreement.

If you had a deferred adjudication agreement, the court may consider releasing you on bond.

Our legal team will work to get you out of custody until the date of your hearing whenever possible, and then get to work on negotiating with the court to get a new probation agreement in place.

If you suspect you may have violated your probation agreement, contact us as soon as possible. If our legal team can get ahead of the situation, we may even succeed in convincing the court not to file a motion to revoke or adjudicate.

What If the State Convicts Me for Violating My Probation?

The exact penalties for a probation violation in Denton depend on the nature of your original conviction and the terms of your original agreement with the court.

If you got straight probation (also known as community supervision), you likely accepted a plea bargain from the court. In other words, you agreed to plead guilty or no-contest and, in exchange, the court suspended some or all of your sentence.

If you violate straight probation, your community supervision officer will direct the court to revoke your agreement. The court will schedule a violation hearing, during which the judge will hear evidence. If the prosecutor can prove you violated your plea agreement, the judge will order you to serve out your full sentence.

If the court agreed instead to give you a deferred adjudication agreement, this means that you neither plead guilty nor received a verdict in your case. Instead, the judge agreed to postpone your trial and give you the opportunity to complete specific requirements within a defined time period. If you complete the obligations, the court typically drops the charges against you.

If you do not fulfill these obligations, the court will issue a Motion to Adjudicate. You must then attend a hearing and enter a plea regarding your probation violation. If the prosecutor supplies the judge with a preponderance of evidence to prove your violation, the judge will render a guilty verdict and you will serve the maximum possible sentence allowed by the statutes.

When you enlist the help of the Law Offices of Randall B. Isenberg, you will have a probation violation lawyer to build the strongest possible case and represent you at your hearing. More importantly, our legal team will first work with the prosecutor and the court to potentially avoid a hearing and renegotiate the terms of your suspended sentence or deferred adjudication agreement.

In that case, you may have additional requirements to satisfy the terms of the agreement, but it may also help you avoid serving time behind bars.

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(214) 696-9253

Meet with a Probation Violation Lawyer in Denton at No Cost

Before you make any decisions that could send you to jail, contact the Law Offices of Randall B. Isenberg today.

We offer a no-cost, no-obligation consultation, which allows you to meet with a Denton probation violation lawyer. You can get answers to all your questions and ensure that you understand your options. Call us today at 214-696-9253 for more information.

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A first offense DWI might sound harmless to you but it is a very serious charge indeed. Upon conviction for drunk driving in Texas — even your first offense — you face a substantial monetary fine, suspension of your driver’s license, and potential jail time. Your DWI will remain on your criminal record permanently, affecting your ability to get a job, rent a home, hold a professional license, or find affordable auto insurance.

The Law Offices of Randall B. Isenberg can help. Contact us today at 214-696-9253 to learn more or to schedule a complimentary consultation with a first offense DWI lawyer in Denton.

Does a First Offense DWI Include Jail Time?

In Denton and throughout Texas, even a first offense DWI carries the threat of serious punishment — including potential time behind bars.

You can review the penalties for DWI convictions in Denton in the Texas Penal Code (TPC). However, the TPC defines a basic DWI as driving a motor vehicle in a public place while intoxicated. The statutes define intoxication as having a blood alcohol concentration (BAC) of more than 0.08, but less than 0.15.

A first offense DWI with a BAC test result that falls within that range qualifies as a Class B misdemeanor. Upon conviction for a class B misdemeanor, you face up to six months in jail and a fine of up to $2,000. You also face a potential one-year license suspension.

If your BAC registers at 0.15 or above, you will face class A misdemeanor charges, which carry a fine up to $4,000, up to one year in jail, and a potential two-year license suspension.

In addition to the fine and jail time, you must pay all court costs and fees, and attend (and pay for) a mandatory alcohol education program. The judge can also compel you to go to counseling, put an ignition interlock mechanism on your car, and perform community service.

At the end of your driver’s license suspension, you must pay a surcharge of $1,000 to $2,000 to reinstate your driving privileges. This fee is due annually for three years.

Perhaps the worst part about a first offense DWI conviction is that it remains forever on your permanent record. This means it will show up on any background check, giving potential employers, colleges, or landlords an opportunity to deny your application. It may also prevent you from holding a professional license, such as for teaching, real estate, or nursing. Your car insurance premiums will also be substantially higher. It may even prevent you from obtaining a student loan.

Why Should I Hire a Lawyer for a First Offense DWI in Denton?

Although the police and prosecutor may try to tell you a first offense DWI is a minor infraction, it is not.

And, because their primary interest is obtaining a conviction, rather than what is best for you, they may try to convince you that pleading guilty is the best option for you. When you have a DWI lawyer to represent you, you can rest assured that your attorney does have your best interest in mind.

When you choose the Law Offices of Randall B. Isenberg to represent you, you will have all the answers to your questions and a true picture of what a first offense DWI can do to your life.

Our legal team will ensure you understand your options and how each one will affect your life. We will help you navigate the criminal justice system and represent you through every aspect of the complex and potentially frightening proceedings associated with criminal charges.

And, although the prosecutor may try to assure you that you can avoid jail time by pleading guilty to the charges, they likely will not tell you about all the other problems a conviction will cause for you.

Our knowledgeable legal team can examine the evidence in your case and identify any potential errors made by the police or during the BAC testing process. Using this information, we may successfully negotiate with the prosecutor to get your charges dropped or reduced or file legal motions to have your charges dismissed.

If your case goes to trial, we can build the strongest possible case for your defense.

Even a seemingly incriminating BAC test result never guarantees a conviction. That is why it is important for you to talk to a first offense DWI lawyer in Denton before you make any decisions that could affect your life.

Can a First Offense DWI Lawyer Help Me Keep My License?

To attempt to keep your license, you must navigate the Administrative License Revocation (ALR) process which will determine the disposition of your driver’s license. For a first offense DWI, you risk losing your license for 90 days to two years, depending on your BAC and whether you caused an accident or injury.

The ALR process, overseen by the Texas Department of Public Safety (TxDPS), begins at the time of your arrest for drunk driving. The officer will seize your driver’s license and issue you a temporary driving permit.

You must schedule your ALR hearing within 15 days of your arrest. At the hearing, the arresting officer will testify under oath about your arrest. The hearing, conducted by an administrative law judge, also puts you under oath to give testimony.

If we represent you for your criminal charges, we can also represent you at the DMV hearing. Our lawyers will help you avoid giving testimony that may incriminate you and present the strongest possible case against license suspension.

This process also gives our legal team key insight into whatever evidence the prosecution has in your case, allowing us to build the strongest possible case on your behalf.

What Legal Strategies Can We Use to Fight My First Offense DWI Charges?

Although we will base our legal strategy on the details and facts of your case, we have several common strategies for defending clients against a first offense DWI charge.

One of the most common strategies we will consider is the possibility that the police lacked reasonable suspicion for pulling you over.

Our legal team will also explore whether the police failed to establish legal probable cause for arresting you and subjecting you to chemical testing for BAC.

If the officer used a field sobriety test to establish probable cause, he must have conducted that testing using standards published by the National Highway Transportation Safety Association (NHTSA).

We will also examine the legality of chemical BAC testing in your case. The testing must comply with all legal standards for breathalyzer testing per the Texas Administrative Code (TAC) and the NHTSA BAC testing standards.

We can leverage any deviation from the standards, mishandling of evidence, or violations of your legal rights to build your defense, or to argue for a DWI charge reduction or dismissal.

Click to contact our First Offense DWI Lawyers today

(214) 696-9253

Call Today to Meet with a First Offense DWI Lawyer in Denton for Free

The Law Offices of Randall B. Isenberg will prove you with a no-cost case review to answer your questions and help you make the best possible decision for your future.

Contact us at 214-696-9253 today to learn more.

Call or text or complete a Free Case Evaluation form

(214) 696-9253