Collin County DWI Lawyer
A DWI arrest in Collin County can result in jail time, license suspension, and a permanent criminal record. Our Collin County DWI lawyers have handled hundreds of intoxication cases and helped clients walk away with dismissals, reduced charges, and clean records. If you were arrested for DWI in Plano, Allen, Frisco, McKinney, or anywhere in Collin County, we can help you fight back.
Texas law allows you to drink and drive. What’s illegal is driving while “intoxicated.” That’s an important distinction, and it’s one prosecutors must prove beyond a reasonable doubt. Our job is to challenge their evidence at every turn. Below, we explain how DWI cases work in Texas, what penalties you’re facing, and how our attorneys build winning defense strategies.
What Does “Intoxicated” Mean Under Texas Law?
Under Texas Penal Code § 49.01, intoxication means either not having the normal use of your mental or physical faculties due to alcohol, drugs, or any other substance, or having a blood alcohol concentration (BAC) of 0.08 or higher.
This two-pronged definition gives prosecutors options, but it also gives us opportunities. Many people assume intoxication only involves alcohol, but DWI charges can stem from prescription medications, over-the-counter drugs, or illegal substances. We’ve successfully defended clients who had zero alcohol in their system but were charged based on alleged impairment from medication.
Counting drinks is an unreliable way to gauge intoxication. Your weight, gender, food intake, and the type of alcohol you consumed all affect how your body processes alcohol. Two people can drink the same amount and have vastly different BAC levels.
How Do Prosecutors Prove a DWI Case in Collin County?
To convict you of DWI, prosecutors must prove you were intoxicated while operating a motor vehicle in a public place. They typically rely on three types of evidence: field sobriety test results, breath or blood test results, and officer observations captured on dashcam or bodycam footage.
Here’s what many people don’t realize: you are not required to perform field sobriety tests or submit to a breath test during a traffic stop. These tests are voluntary, and refusing them limits the evidence prosecutors can use against you. Blood tests require either your consent or a warrant, and even warranted blood draws can be challenged on procedural grounds.
Without strong test results, prosecutors face an uphill battle. That’s why one of the first things we do in every case is examine whether the evidence against you was legally obtained and scientifically reliable.
What Are the Penalties for DWI in Collin County?
DWI penalties in Texas escalate based on the circumstances of your arrest and your prior record. A first-time DWI is a Class B misdemeanor under Texas Penal Code § 49.04, carrying 3 to 180 days in county jail and fines up to $2,000.
If your BAC was 0.15 or higher, the charge becomes a Class A misdemeanor with up to one year in jail and fines up to $4,000. A DWI with a child passenger under 15 is a state jail felony, punishable by 180 days to 2 years in a state jail facility and fines up to $10,000.
Beyond criminal penalties, you face administrative consequences. The Texas Department of Public Safety will move to suspend your driver’s license, and a conviction creates a permanent criminal record that can affect employment, housing, and professional licensing.
While these penalties are serious, most of our DWI clients never serve jail time. We fight aggressively for dismissals, acquittals, reduced charges, and deferred adjudication probation, which can keep a conviction off your record entirely.
How Do Your Collin County DWI Lawyers Fight DWI Cases?
Every DWI case has weaknesses. Our job is to find them and use them to your advantage. We examine every detail of your arrest, from the initial traffic stop through booking, looking for constitutional violations, procedural errors, and unreliable evidence.
Common defense strategies include challenging the validity of the traffic stop (officers need reasonable suspicion to pull you over), attacking the probable cause for arrest, contesting the officer’s observations and conclusions about impairment, identifying problems with field sobriety test administration, challenging search warrants for blood draws, questioning the reliability and accuracy of breath and blood testing equipment, and attacking the admissibility of evidence obtained in violation of your rights.
We also scrutinize the credentials and testimony of the state’s expert witnesses. Breath testing machines require regular calibration and maintenance. Blood samples must be properly collected, stored, and analyzed. Chain of custody must be documented. When prosecutors cut corners, we hold them accountable.
Watch this video where Board Certified Criminal Defense Attorney Benson Varghese explains how we fight DWI cases:
Facing a DWI charge in Collin County? Don’t wait to get legal help. Call 817-203-2220 for a free consultation with a Collin County DWI lawyer who will fight for your rights.
Can You Help Me Get My Driver’s License Back?
Yes. When you’re arrested for DWI in Texas, the Department of Public Safety initiates a separate administrative process to suspend your driver’s license. You have only 15 days from your arrest to request an Administrative License Revocation (ALR) hearing to challenge the suspension.
Our attorneys handle both the criminal case and the license suspension. We’ll request your ALR hearing, represent you before the administrative law judge, and fight to keep your driving privileges intact. If your license is suspended, we can help you obtain an occupational driver’s license so you can legally drive to work, school, and essential appointments.
Will My DWI Case Go to Trial?
Most DWI cases don’t go to trial. Many are resolved through dismissals or negotiated plea agreements. However, if trial is your best option, we won’t hesitate to take your case before a jury.
Our firm has some of the most experienced trial attorneys in Texas, and prosecutors know it. That reputation matters during negotiations. When the Collin County District Attorney’s Office knows you have trial-ready lawyers, they take settlement discussions seriously.
We’ll evaluate the evidence, explain your options honestly, and recommend the strategy most likely to achieve your goals. If that means going to trial, we’ll be prepared.
Can I Get a DWI Off My Record in Texas?
Yes, in many cases. Texas law allows eligible individuals to seal their DWI records through an order of nondisclosure. A sealed record won’t appear on most background checks, protecting your employment and housing prospects.
You may be eligible for nondisclosure if your case was dismissed, you completed deferred adjudication probation, you successfully completed probation for a first-time DWI, or you served a misdemeanor jail sentence for a first-time DWI.
Eligibility requirements include having no prior DWI or other criminal convictions (excluding minor traffic offenses), a BAC below 0.15, completion of all jail time and community supervision, and payment of all fines and court costs. There’s also a waiting period that varies based on how your case was resolved.
Not all DWI cases qualify for nondisclosure. We’ll review your situation and explain whether sealing your record is an option.
Why Hire Varghese Summersett for Your Collin County DWI Case?
Varghese Summersett has earned more five-star reviews than any other criminal defense firm in North Texas. Our team includes over 70 legal professionals, with four attorneys who are board-certified in criminal law by the Texas Board of Legal Specialization, the highest credential a Texas criminal defense attorney can achieve.
Every senior attorney at our firm is a former prosecutor. We know how the other side thinks, and we use that knowledge to build stronger defenses. We’ve helped hundreds of people facing DWI charges in Collin County protect their freedom, their careers, and their futures.
If you’ve been arrested for DWI, time matters. Evidence can disappear, witnesses’ memories fade, and critical deadlines pass. Call 817-203-2220 today for a free consultation with a Collin County DWI lawyer.
Frequently Asked Questions About DWI in Collin County
How much does a DWI lawyer cost in Collin County?
Attorney fees for DWI defense vary based on the complexity of your case, your prior record, and whether your case goes to trial. We offer free consultations and transparent pricing so you understand costs upfront before making any decisions.
Should I refuse a breath test during a DWI stop?
Breath tests during a traffic stop are voluntary in Texas. Refusing limits the evidence against you, but refusal can result in a longer license suspension. There’s no one-size-fits-all answer. Call us immediately after your arrest so we can advise you based on your specific situation.
What happens at my first court date for DWI?
Your first court appearance is typically an arraignment where you’ll enter a plea. We handle this appearance for you in most misdemeanor cases, so you don’t have to take time off work. We’ll explain every step of the process before it happens.
Can I get a DWI dismissed in Collin County?
Yes. We’ve secured dismissals in many Collin County DWI cases by identifying constitutional violations, challenging unreliable evidence, and demonstrating weaknesses in the prosecution’s case. Every case is different, but dismissal is always our first goal.
How long does a DWI stay on your record in Texas?
A DWI conviction remains on your criminal record permanently unless you’re eligible for nondisclosure. If your case is dismissed or you complete deferred adjudication, you may be able to seal your record after the required waiting period.
