Felony DWI Lawyers, Frisco, TX, Collin, Denton County

Defending Clients Against Felony Driving While Intoxicated Charges, Collin | Denton County

In the state of Texas, driving while intoxicated violations come with severe penalties. If you have been caught and charged with a felony DWI such as DWI with Child, you may be looking at serious repercussions that will have a significant impact on your life. In the event that you are facing accusations of felony DWI in Frisco, Texas and surrounding areas, you should get in touch with an experienced felony DWI Defense Lawyer as soon as possible. Since 1996, Attorney Terrence L. Ridgely at Ridgely Davis Law in Frisco Texas has been defending clients in Collin, Denton, Dallas and surrounding Counties who have been accused of driving under the influence of alcohol.

You can trust on him to look into any possible benefit for you and to assist you in fighting the fight to protect you from being convicted of a criminal offense of this magnitude. The Felony DWI Criminal Defense Lawyers at Ridgley Davis Law have a wealth of expertise in the courtroom and are known for being a tough defense attorneys who achieve results.

If you are being prosecuted for a Felony DWI Charge in Collin, Dallas, Denton and surrounding counties? Call our Frisco, TX Felony DWI attorneys at (469) 935-4600 or send us a message on our website right now to take advantage of our firm’s offer of a free first consultation.

It is important to note that a felony DWI differs from a standard DWI in that it is a criminal offense that carries the potential for more severe repercussions than simply serving time in jail or paying hefty fines. A felony DWI has the potential to impact every aspect of your life, including your career, your education, and your personal relationships such as with a divorce or a child custody suit. You should never, ever give up without a fight when faced with the possibility of being charged with a felony DWI.  The DWI Defense Lawyers at Ridgely Davis Law in Frisco, TX never represent a client without putting up a fight, and they are here to take on your case as well if it means keeping you out of jail and maintaining your professional, academic, and social reputation.

When you choose Ridgely Davis Law, you get an experienced and trusted Felony DWI Criminal Defense Attorney who always gets ready for court with the expectation that the matter will go all the way to trial, not just a plea bargain. The significance of this differentiation from other DWI attorneys, who prefer to settle cases and seldom step foot inside a courtroom, may be lost on some individuals; nonetheless, the difference is real and observable, and it pertains to the preservation of your life, your freedom, and your rights. If you hire a DWI attorney who does not wish to set foot inside a courtroom, you might be able to reach a plea bargain, but it is highly unlikely that you will get the charges dropped or that the bargain will be the best deal you could get or that you will be acquitted if the trial does take place. Having an experienced Felony DWI attorney from Collin, Denton County Texas on your side like Ridgely Davis who have earned a reputation for performance in court, may be of enormous advantage to you and your case. And when you’re facing a felony DWI charge, you need the strongest and most aggressive defense you can find.

FELONY DWI IN TEXAS

In the state of Texas, you might be charged with one of four distinct types of felony DWIs. These include: (1) a third DWI offense; (2) a DWI while transporting a child; (3) intoxication assault; and (4) intoxication manslaughter.

THIRD OR SUBSEQUENT DWI

In the state of Texas, a felony DWI charge can be leveled against you if you already have two convictions for driving under the influence of alcohol or drugs. In Texas, the law once stated that if you had a prior conviction for driving while intoxicated that occurred more than ten years ago, then any subsequent conviction for driving while intoxicated would be handled as though it were your first. This changed and now any prior convictions for driving while intoxicated will be counted as prior convictions regardless of how long ago they occurred. Furthermore, once you reach your third conviction for driving while intoxicated, you are no longer looking at a misdemeanor, but a third-degree felony that carries with it — if convicted — a jail range of 2 to 10 years in the Texas Department of Criminal Justice (TDCJ).

If, on the other hand, this is your third or more DWI with a prior trip to the TDCJ penitentiary, then you may be punished with a second-degree felony, which will double the amount of time you could spend in jail upon a conviction.  If this is your third or subsequent DWI and you have already spent time in the Texas Department of Criminal Justice penitentiary twice, then you will be charged with an aggravated felony, which would raise the length of time you might spend in jail upon conviction from 25 years to life.

Your primary defense is that you were not intoxicated, but an experienced DWI attorney will prepare you for trial by filing motions to suppress any evidence based on constitutional challenges and/or challenges to sobriety, blood, or breath tests, whichever is applicable.

DWI WITH CHILD PASSENGER

In the state of Texas, it is a state jail felony to be arrested for driving while intoxicated with a passenger who is less than 15 years old. It does not matter if this is your first crime or your 2 offense; the charge will still be considered a state jail felony offense, and the possible sentence ranges from six months to two years. Again, your principal argument will be that you were not intoxicated, and it will be accompanied by any applicable constitutional challenges as well as challenges to sobriety, blood, or breath tests, depending on which are applicable.

INTOXICATION ASSAULT

A third-degree felony DWI offense can be upgraded to an intoxication assault charge if the defendant “by accident or mistake… and by reason of…intoxication causes serious bodily injury to another.” This is what is meant by the phrase “by reason of…intoxication causes serious bodily injury to another.” There is no requirement for any past convictions. You might face anything from two to ten years in jail if you are found guilty. There are several possible defenses, including the following: (1) you were not actually intoxicated to an illegal level; (2) the injury sustained as a result of the accident does not fall within the legal category of “serious bodily injury;” and (3) even though you may have been intoxicated, your intoxication did not cause the injury or accident; another factor was the cause of the accident. It is possible to incorporate constitutional objections as well as challenges to any sobriety, blood, or breath test into your defense plan if the circumstances warrant it.

INTOXICATION MANSLAUGHTER

Intoxication manslaughter is a second-degree felony DWI offense that is elevated to an intoxication manslaughter charge because you were involved in and suspected of causing an accident that resulted in the death of another person. This applies regardless of whether the deceased person was a passenger in your vehicle or the driver or passenger of another vehicle, or whether they were a pedestrian or a bicyclist.  There is no requirement for any past convictions. You might face anything from two to ten years in jail if you are found guilty. The following are examples of possible defenses: (1) you were not intoxicated; and/or (2) even if you may have been intoxicated, the accident and the consequent fatality were not caused by your intoxication; rather, another circumstance caused the accident. Constitutional challenges and challenges to any sobriety, blood, or breath test may be woven into your defense plan as appropriate if the circumstances of your case warrant it. However, this will depend on the specifics of your case.

These are all very severe accusations, and the Frisco Felony DWI criminal defense lawyers at Ridgely Davis Law serving Collin, Denton and surrounding counties are not going to shy away from employing any and all of the defense strategies that are at their disposal to successfully defend against the Felony DWI Charge.

DEFENSE STRATEGIES FOR FELONY DWI CASES

A felony DWI case can be defended in a variety of different ways, each of which is determined by the facts surrounding the arrest. You have the right to fight against these charges regardless of whether or not you are innocent of the charges or whether or not you think that law enforcement has treated you unfairly. This privilege is afforded to you whether or not you were handled properly by law enforcement.

ESTABLISHING REASONABLE DOUBT

One of the easiest ways to defend against a felony charge of driving while intoxicated is to insist that the prosecution meet the standards of its burden of proof. In the end, it is the government’s responsibility to prove, beyond a reasonable doubt, that you are guilty of breaking the law. If you were sober when you were pulled over, your best defense may consist of demonstrating that the state lacks the evidence necessary to prove that you are guilty of the crime for which you are being charged. This might mean challenging the evidence that they present or simply claiming that even if all of their evidence is correct, it is still insufficient to prove that you were under the influence of alcohol or drugs.

CHALLENGING THE TEST

Many driving while intoxicated prosecutions, whether misdemeanors or felonies, center on challenges to the reliability of the blood, breath, or urine test results. These tests are designed to determine the blood alcohol content (BAC) of the individual being tested; however, if they are not carried out correctly, the findings may not be reliable.

Possible grounds for contesting the results of the test include the means by which the sample was collected. For instance, a positive breath test result might be attributed to a false positive if the mandatory waiting period was skipped before the sample was obtained. In the case of blood testing, samples that do not have a valid chain of custody from the point of collection all the way back to the prosecutor might be ruled inadmissible evidence. A successful motion to conceal the test findings could be achieved in any one of these (and maybe more) scenarios.

CONFRONTING THE TRAFFIC STOP

A traffic stop is the basis for the vast majority of driving while intoxicated arrests made in Texas. If the police violate your constitutional rights during a traffic stop, your counsel has the ability to have any evidence obtained against you thrown out of court during the subsequent trial. This can include any comments that you made, any observations that the police recall following the stop, and even the results of any chemical tests that you consented to.

The question of whether or not the officer had reasonable suspicion at the time of the traffic stop is at the center of the vast majority of legal challenges to the stop. A compilation of particular circumstances that leads an officer to assume that a crime has been committed or is going to be committed is an example of what is known as “reasonable suspicion.” In the context of driving while intoxicated charges, this often refers to moving offenses that were committed in the presence of a law enforcement officer. It can be possible to pull you over for any number of reasons, like failing to utilize your turn signal or going above the speed limit. If a police officer stops you for no apparent reason, the Collin & Denton County Felony DWI Criminal Defense Lawyers at Ridgely Davis Law in Frisco, Texas may be able to exclude any evidence that was gathered as a consequence of that stop.

REDUCING THE CHARGES

If certain conditions are met, it is conceivable that you might be falsely accused of committing a felony driving while intoxicated offense. It is conceivable for the prosecution to make a mistake when counting the number of times you have been convicted of driving while intoxicated in the past, particularly if these convictions occurred in another state. Certain states contain alcohol-related offences that are not officially considered convictions for driving while intoxicated (DWI). Your current felony charge can be challenged by an experienced Frisco Felony DWI Lawyer such as those at Ridgely Davis Law who can contest the use of your prior convictions as grounds for the charge.

CONSEQUENCES OF A FELONY DWI

In addition to serving time in jail, you might be subject to penalties of up to $10,000 and the suspension of your driver’s license for a period ranging from 90 days up to 2 years for any of the other felony DWIs. Imagine going two years without having access to a vehicle. Even if you have an ignition interlock device (IID), it is likely that you will have restrictions placed on when and where you are allowed to drive. This is the case even if there is a possibility of an IID and an Occupational Driver’s License.

However, the socio-economic repercussions that occur outside of the judicial system are the aspect of a crime that is the most detrimental. If you are found guilty of felony driving while intoxicated, it has the potential to have a negative impact on your career. This is especially true when you are looking for jobs or if you need a professional license (for example, in the medical, nursing, or piloting fields) or a security clearance. A Felony DWI conviction will result in the loss of most professional licenses and/or security clearances, and most businesses do not want to take the risk of hiring a former offender due to concerns about liability and lack of confidence. On the other hand, if you were planning on applying for a professional license or a security clearance, you should forget about it for the time being. In some instances, you may be able to apply within a year or so, but in other instances, you may never get the opportunity to apply.

In addition, if you were planning on attending a higher education institution, your admissions and/or eligibility for any federal loans that you would require to go could be jeopardized. If you rent, finding a place to live can also be difficult because many finer locations in today’s society do background checks on potential tenants and reject applications from anybody who has a criminal past. In addition, if you are in the midst of a custody fight or divorce, the fact that you have been convicted of a crime might effect when or if you are allowed to see your children at all. And if you are a gun owner, you will lose the right to keep them.

The Repercussions of a Felony Criminal Offense Driving while intoxicated is a severe offense that may impact one’s life. If you value your life as well as your freedom, you cannot take the chance of agreeing to a plea deal; instead, you will need to fight the charge all the way to the end. Having your day in court is what this refers to.