DWI & DUI Defense in Denton, Cooke, Collin, & Wise Counties
DWIs (Driving While Intoxicated Charges) & DUIs (Driving Under the Influence Charges) happen tens of thousands of times on an annual basis in the state of Texas. Drivers can get a DWI charge even if they think they’re able to drive safely. If they blow over the Texas legal limit of .08, or even appear impaired to a law enforcement official, they can be arrested and charged. As long as an officer observes what they believe constitutes intoxicated behavior – like vehicle swerving, slurred speech, impaired movements – you can be charged and arrested.
Even if no accident occurs and no person – you or anyone else – is hurt, a DWI is a serious charge that carries real consequences. It’s not just your insurance premiums that will be affected by a conviction. If you or your loved one is facing a DWI charge, you need an experienced and knowledgeable defense attorney like Bruce Isaacks to get the best possible outcome in your case. Give our offices a call to secure your defense today.
Charges and Penalties for DWI Offenses
DWIs are categorized by number of offenses: 1st, 2nd, and 3rd offense. All DUIs will have financial, jail, education, service, and personal consequences. For every subsequent offense, the penalties for convictions grow significantly worse.
A driver’s first DUI carries penalties including 3 to 180 days in jail, suspended license for up to 2 years, up to $2,000 in fines, DWI education classes, and a potential fee to keep your license.
If a driver has a second DUI charge, the penalties include more jail time (up to a year), license suspension (2 years), and increased fines ($4,000) on top of the classes and community service that may be ordered. Additionally, you may be required to use an ignition interlock device (IID) in your vehicle that makes you blow to test your BAC level before you can drive or continue driving your car.
If a driver has a third DUI charge, a person could receive at least 2 more years of jail time (up to 10), increased fines (up to $10,000), an actual rehabilitation order, in addition to the education and community service.
However, the worst repercussions may come from simply having a third DWI on your record, as it is charged as a felony. This can influence your ability to find work or get an education, not to mention obtaining a mortgage for a home. This is exactly why you need a skilled defense attorney who understands how to protect your future by defending your rights today. Bruce Isaacks has the experience, understanding, and work ethic to help you get the best possible outcome for your DWI case.
Understanding the Burden of Proof in a DWI case in Texas
Our defensive strategy will be to undermine the prosecutions attempts to destroy the presumption of your innocence. In the state of Texas, prosecutors must bring forth evidence to do this during the course of the trial. A conviction can only be rendered in the event that state is able to present admissible evidence that can do just that.
We can argue both that the evidence fails to meet the burden of proof set forth by Texas law as well as argue that it is inadmissible, to give you every chance possible at emerging victorious from court.
Specifically, prosecution in a DWI case in the state of Texas must prove the following:
- That the defendant did in fact operate a motor vehicle
- That this took place in a pubic area
- That this took place while the defendant was under the influence of alcohol or while their BAC was .08 or higher.
In any case where the prosecution fails to prove, through admissible evidence, that the defendant did indeed satisfy each of these criteria, then the defendant must be acquitted. This is good news as state law in Texas prohibits any individual from facing court a second time on any charges of which they are acquitted.
Defending Against DWI Charges
To defend a DWI case, Bruce Isaacks will work to uncover any flaw in the process you went through. Often a skilled defense attorney can exclude evidence if legal procedures weren’t followed correctly or your rights were violated.
- If you were not read a Miranda warning, or were continuously questioned even after requesting a lawyer, evidence can be inadmissible.
- We can challenge the scientific evidence that the state brings against you. Even BAC level tests and field sobriety tests can be ruled unreliable or inaccurate.
- We can also challenge how the tests were administered and if they were accurately interpreted. If the proper procedure was not strictly followed, the results of such tests may be inadmissible.
- If you are a woman being charged with a DWI, additional defenses may be available due to biological differences. There could be an increased reading on these tests due to body temperature differences or the diminished lung capacity in women that led to inaccurate and therefore inadmissible readings.
If a prosecutor does not have enough evidence to convict you of a DWI, they won’t be able to continue with the charges. Your charges could be reduced to a lesser offense, or possibly dismissed outright.
You need experience, commitment, and a firm understanding of DWI law if you want the best possible outcome in your case. Bruce Isaacks is Board Certified, Criminal Law, by the Texas Board of Legal Specialization and a Former District Attorney. Bruce has spent years aggressively defending the rights of clients facing DUI & DWI charges in Denton, TX and the surrounding area. He has the legal expertise, drive, and know-how of the North Texas court system needed to get his clients the best possible outcomes for their cases no matter how complex or hopeless they may seem.
If you would like to discuss the specifics of your case or are in need of legal representation, please give the Law Offices of Bruce Isaacks a call today. We’re standing by, ready to take your call.