DWI convictions change lives. A DWI conviction in Texas can affect you professionally, personally, economically, and socially.

If you’re convicted, the record of your charge can remain on your record indefinitely.

Don’t let one bad decision lead to years of hardship. Contact a DWI/DUI lawyer at the Fellman Law office today. Any DWI is potentially winnable, especially if this is your first offense. If you want an attorney to fight aggressively on your behalf to seek a dismissal or reduction in charges,  then work with a firm that has a reputation for going above and beyond for each client that walks through the door.

DWI/DUI Attorney in Irving Texas

If you’ve been charged with a DWI or a DUI in Irving, TX, you need the help of a defense attorney with significant experience in DWI defense law. Attorneys with the Fellman Law Office know how to develop effective and compelling defenses tailored for your individual case.

Seek legal representation now.

DWI Penalties

Texas Penal Code Section 49.04 makes it a criminal offense to drive while intoxicated. The lowest level DWI is a class B misdemeanor, with a minimum term of confinement of 72 hours, with fines up to $2,000, a jail sentence up to 180 days, and a driver’s license suspension for up to one year.

However, an experienced DWI attorney may be able to persuade a judge to reduce the license suspension to 90 days or waive the driver’s license suspension entirely. It may also be possible to negotiate an alternative charge, such as obstruction of a highway. This charge will avoid the DWI penalties altogether.

If your BAC level is 0.15 % or higher, or you have had a previous DWI conviction, your DWI can be enhanced to a Class A misdemeanor with a maximum penalty of up to 1 year in the county jail and up to a $4000 dollar fine.  If you’re convicted of DWI-2nd offense or repetition, the minimum jail sentence is 30 days, and even if you receive probation, you are required to spend a minimum of 3-5 days in jail as a condition of probation.

However, experienced DWI defense attorneys are often able to persuade the State to drop the enhancement paragraphs reducing the seriousness of the offense and the potential punishment.

A third DWI or felony DWI conviction is punishable as a third degree felony with a minimum sentence of 2 years and a maximum sentence of 10 years in the Texas Department of Corrections and up to a $10,000 fine.

DUI Penalties

Driving under the influence of alcohol (DUI) is a class C misdemeanor. A driver under the age of 21 that has a detectable level of alcohol or a controlled substance in their system may be charged with a DUI. The driver can face 20-40 hours of community service, mandatory alcohol awareness classes, license suspension for 60 days, and a fine up to $500.

Driving While Intoxicated with a Child Passenger

DWI with a Child Passenger under 15 years of age is a State Jail Felony punishable by a minimum 6 months and a maximum of two years confinement in a state jail facility, and a fine of up to $10,000 dollars.

What are DWI Superfines?

On Sept. 1, 2019, Tex. Transportation Code Sec. 709.001 went into effect which established superfines imposed on drivers with a final conviction for DWI. In addition to the ordinary fine and court costs imposed by the Court for a DWI conviction, the superfine imposes additional criminal fines upon  “final conviction” of DWI as follows:

• $3,000.00 for a first DWI conviction;
• $4,500.00 for a second or subsequent conviction within a 36 month period;
• $6,000.00 for first or subsequent offense for blood, breath, or urine analysis that shows an alcohol concentration level of 0.15% or higher.

However, experienced defense attorneys can often avoid the superfines entirely by negotiating with the prosecutor or persuading a prosecutor to offer probation as opposed to a jail sentence. Under Texas law, a probated sentence is not considered a “final” conviction and therefore the superfine is not applicable.  Where probation is not desired or not available, it is often nevertheless possible to avoid the superfine by requesting that the Court make a finding of indigency which has the effect of waiving the fine.

You Need a Winning DWI Defense

If you were arrested and charged with a DWI or DUI, then you likely already know that you’re facing a serious criminal charge with penalties that include  jail time, fines, and license suspensions.

No criminal defense can guarantee you a particular outcome in your case.  But, it is practically guaranteed that whatever the circumstances of your individual case, you will almost certainly obtain a better outcome by retaining an experienced, effective, defense attorney.

At Fellman Law Office, Marc Fellman will review the facts and circumstances of your arrest with you and begin an investigation.   Typically, the first step involves filing a motion or request for discovery to gain access to the evidence provided by law enforcement to the District Attorney’s office. In a DWI case, this is typically a police report, possibly a 911 call, police dash cam video, body cam video, search warrant(s), and breath test records and/or blood lab toxicology report(s).  After we thoroughly review the evidence, we will go over it with you and develop the most effective defense with the best chance of meeting your goals, whether that goal is a dismissal, deferred probation, an agreed plea bargain agreement, or a jury trial.

Reviewing the Evidence

In reviewing the evidence, we will carefully seek to identify any possible constitutional violations, such as an illegal stop or detention or an unlawful search.  We will also review the arresting officer’s administration of standardized field sobriety tests and paperwork submitted in your case to identify any mistakes or errors made by the police.  Depending on what the investigation uncovers, it may be possible to suppress some or all of the evidence gathered against you which can lead to charges being dropped.

Contact the Fellman Law Office Today to Schedule a Free Consultation with an Experienced Attorney

If you were recently charged with a DWI or DUI, consider contacting Marc Fellman with the Fellman Law Office to represent you. Our legal team will immediately begin investigating your case, review evidence, and formulate a strategy that will give your case the best chance of success.

Contact the Fellman Law Office today at (214) 530-2056 to speak with one of our criminal defense attorneys to schedule a free consultation and let us protect your legal rights and fight for your freedom.