Dallas Felony DWI Lawyer
Dallas Felony DWI Lawyer: How A Criminal Defense Attorney Helps
A Dallas Felony DWI lawyer is a legal professional that specializes in handling cases involving driving while intoxicated. They typically work with prosecutors, investigating officers, and the defendant to ensure they have a solid defense for the case.
What Is A Felony DWI?
A felony DWI (Driving While Intoxicated) charge is possible if you have two prior convictions for a DWI or DUI. If there is serious bodily injury in an accident, it will lead to a felony charge. A Dallas felony DWI lawyer can help clients be found not guilty or have their sentence reduced by filing motions and advocating vigorously for them in the courtroom.
A DWI can either be a misdemeanor or felony. It is classified as a felony if there are two prior convictions for DWI within the last five years. If there is serious bodily injury in an accident, it will lead to a felony charge. A Dallas felony DWI lawyer can help clients be found not guilty or have their sentence reduced by filing motions and advocating vigorously for them in the courtroom.
A felony DWI is a DWI that results in serious injury to an individual. Felonies are classified by the severity of the crime, with first-degree and second-degree felonies being more serious than third-degree felonies. The most common felony crimes are third-degree felonies, which could result in up to 2 years of jail time and/or a fine of up to $10,000 dollars. The penalties are much more severe if a person is charged with a felony DWI.
What Are The Penalties For A Felony DWI Conviction?
A felony DWI conviction can lead to a number of penalties, including jail time, fines, and the loss of your driver’s license. The severity of the punishment will depend on a number of factors, such as whether this is your first or second offense.
For a first offense, you may be facing up to six months in jail, $3,000 in fines, and a suspended driver’s license for up to two years. A second offense will result in a Class A misdemeanor charge and may include up to one year in jail and $4,500 in fines. If you are convicted of a felony DWI for the second time, you could be facing between 2-10 years in prison and/or fined anywhere from $5,000-$10 million dollars!
It is important to note that the consequences for a felony DWI conviction can be very severe – probation terms may include attending alcohol education classes, community service, installing an ignition interlock device in your vehicle, and monthly reporting to a probation officer. Be sure to contact an experienced Dallas criminal defense attorney if you are arrested for drinking and driving.
What Is Intoxication?
Under Texas law, intoxication is either or both of two instances:
1. The person’s blood alcohol concentration is above 0.08%.
2. The person does not have the normal control or use of their mental and physical faculties due to the influence of alcohol or drugs in their system.
This means that even if your alcohol level is below 0.8% if your mental and physical senses are not within normal, you are considered intoxicated. In Texas, if you are in this state and driving a vehicle in a public space, you are committing a DWI crime.
How Can A Dallas Felony DWI Lawyer Help?
A Dallas felony DWI attorney can help protect your rights and fight the charges against you. If the evidence against you is strong, the lawyer may negotiate a plea agreement with the prosecutor. If you are found guilty, the lawyer can work to get the best possible sentence for you.
When someone is charged with felony DWI in Texas, they need an experienced Dallas felony DWI lawyer on their side. A felony DWI charge requires a much stronger defense and access to resources that can help investigate the charges, negotiate with the court, and more. These resources include investigators, experts, and many others who can help build a strong case for the defendant.
The Medlin Law Firm has been representing clients charged with felony DWI in Dallas, TX for over 20 years. The criminal defense firm provides strong representation for clients at all stages of the case. Whether you are being investigated, charged with a crime, or in need of bail bond services, the firm is available to help. The Dallas DWI lawyers at the Medlin Law Firm have extensive experience with all types of DWI charges, including those that involve accidents and fatalities.
The firm provides legal services in both English and Spanish to ensure that clients have access to the representation they need. The Medlin Law Firm has a long history of successfully defending clients charged with felony DWI in Dallas, TX. The firm is committed to providing clients with the most effective legal representation possible.
The Dallas criminal defense attorneys at the Medlin Law Firm understand that DWI charges can be extremely serious, and they will do everything in their power to help clients avoid the most severe penalties.
The firm has more than 79 years of combined legal experience, and it is committed to helping clients get through their DWI charges without having a major impact on their lives. The criminal defense attorneys at the Medlin Law Firm are dedicated to providing clients with compassionate, quality representation that is tailored to their specific needs and circumstances.
The firm’s goal is to help clients avoid the most severe penalties associated with a DWI charge. Clients will have access to experienced attorneys who are passionate about helping people get through their legal troubles and move on with their lives.
What Is Your Defense If You Are Arrested For A Felony DWI?
If you are arrested for a felony DWI, it is important to know what your rights are and what steps to take next. You should always contact an experienced criminal defense attorney as soon as possible after being arrested.
Your felony DWI lawyer in Dallas can help you petition the court for an ALR hearing. An ALR hearing or Administrative License Revocation Hearing determines whether or not you should be allowed to have your license reinstated. The ALR is a separate and distinct process from the criminal case against you. The purpose of the ALR is to determine whether or not you are a threat to public safety.
When you have an ALR hearing, the judge will consider your criminal history, as well as any evidence that has been submitted. If your driver’s license is suspended, you may be eligible for an occupational driver’s license. This will allow you to drive 12 hours per day, seven days a week while awaiting your hearing date.
At the hearing, a judge will determine if the police officer had reasonable suspicion to stop your vehicle and probable cause to make the arrest. If your driver’s license is suspended, you may be able to keep it by obtaining an occupational driver’s license.
There are various defenses that can be used to fight criminal charges. A Dallas felony DWI charge can be fought successfully with a criminal defense attorney. Some of the defenses against a felony DWI charge are:
- The officer did not have reasonable suspicion to stop your vehicle.
- You were not driving the car when the officer stopped it.
- You were not intoxicated.
- The police officer did not have probable cause to make the arrest. Probable cause is a reasonable belief that a crime has been committed. A good probable cause in DWI cases is the smell of alcohol or the lack of coordination. Without these or similar circumstances, probable cause is absent.
Questioning The Results Of Field Sobriety Tests
Field sobriety tests form a big part of the prosecution’s case but these can be discredited. There are many ways to do this. The following are some ways to shed a shadow of doubt on the field sobriety test results:
- The officer did not administer the tests correctly.
- You have a medical condition that makes it impossible for you to do the tests properly.
- The officer did not follow proper procedures when administering the test.
The different field sobriety tests are:
- Horizontal gaze nystagmus (HGN) test – the officer looks at your eyes as you follow a moving object with your eyes. The officer is looking for involuntary jerking of your eyes.
- Walk-and-turn test – the officer has you take nine steps in a straight line, heel to toe, then turn and walk.
Questioning The Results Of the BAC Test
The results of a breathalyzer and a blood test can be questioned as well. It is possible that the breathalyzer test is inaccurate. For blood test results, it is possible that the officer did not follow proper procedures in collecting and testing your blood. These discrepancies can result in a reduction of the charges against you, or even an acquittal. Without a criminal defense attorney present, you may not be aware of these issues.
This is just a sampling of what you can expect from a Dallas felony DWI lawyer. If you are facing felony charges, or if you have been arrested for a DWI, you need the assistance of a criminal defense attorney.
The Medlin Law Firm has intensive experience in the intricacies of a felony DWI defense. Some of the firm’s lawyers previously worked as prosecutors and are well-versed in the prosecution’s strategies. This experience gives the firm an advantage when defending a criminal DWI case.
The Medlin Law Firm has defended thousands of clients in Dallas County, Tarrant County, and throughout the State of Texas. The firm has defended clients in all types of felony DWI cases.
Other Serious Alcohol-Related Offenses
There are a number of serious alcohol-related offenses in Texas. Some of these include driving while intoxicated (DWI), driving under the influence (DUI), and intoxication assault. All of these offenses can carry significant penalties, including jail time and fines. It is important to have an experienced criminal defense attorney on your side if you are charged with one of these crimes.
Intoxication assault in Texas is a crime that occurs when a person is so intoxicated that they cause serious bodily injury to another individual. This offense can occur in two ways:
1) If the driver of a motor vehicle is intoxicated and causes an accident that results in serious bodily injury to another individual, or
2) If the driver of a motor vehicle is intoxicated and commits an assault by driving recklessly while they are in control of a vehicle.
Intoxication assault is classified as a felony DWI third-degree. If you have been charged with any of the above offenses, or if you are facing other alcohol-related charges in Texas, it is important that you contact an experienced criminal defense attorney as soon as possible.
Can I Get My Record Expunged Through A Dallas Criminal Law Attorney If I Am Convicted Of A Felony DWI?
In Texas, a person who has been arrested for and charged with Driving While Intoxicated (DWI) or any other alcohol-related offense may be eligible to have all records of the case expunged. This means that the case would be completely removed from all judicial and law enforcement records. To be eligible for expunction, you must meet certain requirements, which include:
- You were arrested but never charged with a crime.
- The case against you was dismissed.
- You were found not guilty at trial.
- The conviction was overturned on appeal.
- You received an executive pardon.
If you are convicted of a felony DWI, the “expungement” process is initiated by pleading guilty or announcing your intention to fight. The expungement process will clear your criminal record, which means that it will be as if the conviction never happened.
It is important to note that not all felony DWI convictions qualify for expungement. In order to be eligible, your conviction must meet certain requirements set forth in the Texas Code of Criminal Procedure Art. 55.01-.55.06.
Your Dallas Felony DWI Lawyer can help you determine whether you are eligible for expungement and assist you through the entire process. You should pursue the matter of having your records expunged as soon as possible because it is a lengthy process that requires time, patience, and persistence.
If you have questions about the expungement process or are looking for an experienced Dallas Felony DWI Lawyer, contact The Medlin Law Firm for a free initial consultation.
What Happens To The Criminal Records In An Expungement?
If your felony DWI attorney in Dallas was able to secure an expungement, this means that the arrest will no longer show up on your criminal record. You can, therefore, legally say that you have never been arrested for a felony DWI offense in Dallas, TX. With an expungement, you get to live your life as if the incident never happened.