If you were arrested for any type of driving while intoxicated (DWI) offense in Collin County and facing DWI Charges, contact the Law Offices of Richard C. McConathy for advice. We represent clients throughout Collin County including Plano, McKinney, Frisco, and Allen.
We offer free consultations to learn more about the facts of your case and help you understand the charges against you and possible defenses that can be used to fight those charges. Call to schedule a confidential consultation.
DWI Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
Were you arrested in Collin County for DWI? You need to act quickly to get yourself qualified legal help.
The Law Offices of Richard C. McConathy have helped people all over Texas overcome all kinds of DWI charges. You can have us take a longer look at your case to see what we could do for you as soon as you call (469) 304-3422 or contact our firm online to schedule a consultation.
Types of DWI Cases
Under Texas Penal Code § 49.04, a person commits a DWI offense if they are intoxicated while operating a motor vehicle in a public place. An offense is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
At The Law Offices of Richard C. McConathy, we recognize that each case is uniquely different. Types of DWI cases we handle include:
- Boating While Intoxicated
- Commercial DWI
- Defenses to DWI
- Drug DWI
- Prescription Drugs and DWI
- Marijuana and DWI
- Combined Possession and DWI Charges
- DWI with BAC over .15
- DWI with Child Passenger
- DWI with Property Damage
- Felony DWI
- First DWI
- Flying While Intoxicated
- Impaired Driving
- Intoxication Assault
- Intoxication Manslaughter
- DWI Under 21
- DWI Open Container
- Parking While Intoxicated
- DWI and Resisting Arrest
- Minor in Possession of Alcohol
- Open Alcohol Container in Vehicle
- Public Intoxication
- Second DWI
- Third or Subsequent DWI
You can also find the following pages related to DWI offenses:
- DWI Penalties
- Actual Physical Control
- Errors in DWI Blood Tests
- Miranda Warnings
- Illegal Stops
- Related DWI Offenses
- Common Moving Violations
- Ignition Interlock Device
- DWI Process
- DWI Court Appearances
- DWI Dismissal
- DWI Myths
- DWI Testing
- DWI Test Refusal and Implied Consent
- Contesting Blood Alcohol Tests
- Blood Test
- Collection and Submission
- DWI Breath Test
- Intoxilyzer 5000
- No Refusal DWI Arrest
- DWI Urine Test
- Drug Recognition Expert
- Field Sobriety Tests
- Breath Test Defense
- DWI Trial
- DWI License Revocation
- Administrative License Revocation
- Administrative License Revocation Hearing
- Commercial Driver’s License
- License Suspension Hearings
- Criminal License Suspensions
- Impact on Federal Employees
- Impact on Medical Professionals
- License Reinstatement
- Occupational License
- DWI Reduction
- DWI Penalties
- DWI Expunction
- DWI Insurance
- Deferred Adjudication
- DWI Community Supervision / Probation
- Pretrial Diversion Programs
- Driver Responsibility Program
- SR-22 / Vehicle Insurance
- DWI Roadblocks / Checkpoints
- Bail Bonds
- DWI-Related Definitions
- Motion for Nondisclosure
- Enhanced Offenses
- Challenging a Field Sobriety Test
- Retrograde Extrapolation
- Synergistic Effects of Drugs and Alcohol
- Special Bond Conditions
- Plano Open Container Lawyer
Additionally, DWI charges can be divided between felony and misdemeanor offenses depending on the facts of the case.
Texas DWI Process
After an arrest for DWI in Collin County, TX, you have two cases pending against you. One case is a civil proceeding with the Department of Public Safety to protect your license from the “on the spot” administrative suspension that was triggered by the arrest and a BAC over .08 or an alleged refusal. The second case is a criminal proceeding that happens in a courtroom with a prosecutor and a judge. Ideally, you want to win both cases.
First, you should contact an attorney who can help you request an Administrative License Revocation (ALR) hearing to protect your driver’s license suspension. Act quickly, because the hearing must be requested within 15 days of your arrest. If you fail to act, the administrative finding will remain on your driver’s license.
The criminal case takes longer. In Collin County, you will wait approximately 5 weeks to be notified of your court date. The first court date is generally scheduled within 20 days of the date on the letter.
Unless your criminal defense attorney makes other arrangements with the court, you must personally attend all of your court dates including your preliminary hearing and your final disposition hearing. If you fail to appear, the court can issue a warrant for your arrest. An attorney can help you make sure that there are no missed court dates.
If the case is set for trial, the court will schedule a “contest docket” before putting the case on a trial calendar. Most of the judges conduct the jury selection on a Friday and begin the trial on Monday morning. In some cases, the case is set on a different day during the week for trial or the next week for trial.
Your DWI defense attorney will not only prepare your case for trial but also engage in pre-trial negotiations to see if the charge can be dropped completely or at least reduced to a less serious charge such as the Obstruction of Roadway. Avoiding a DWI conviction can save you thousands of dollars and years of increased insurance premiums. In some cases, you can seal or expunge the DWI record entirely to get rid of your mugshot and police reports.
Penalties for a DWI Conviction in Texas
After a conviction for DWI, the court can impose penalties that include:
If you are granted probation after a DWI conviction, you will be required to complete a 12-hour class in an authorized Alcohol Education Program unless the requirement is waived by the presiding judge. If required, you must submit proof of completion of the appropriate Alcohol Education Program to the Texas Department of Public Safety (DPS) within 180 days after the date of conviction or your driver’s license will be revoked. A reinstatement fee will be required if the driver’s license is revoked.
A special driver’s license can be issued to individuals who have been ordered by the court to have an interlock ignition device installed on their vehicle as a condition of driving after a DWI conviction.
The amount of jail time required for a DWI conviction depends on a host of factors including the number of prior convictions:
The classifications for DWI offenses with priors are also more serious. A second DWI is a Class A misdemeanor. A third DWI offense is a third-degree felony. For purposes of determining the number of prior convictions, the prior intoxication convictions are considered “final” whether the sentence is imposed or probated for crimes committed after January 1, 1984. A prior conviction for DWI would also include flying while intoxicated under Section 49.05 or boating while intoxicated under 49.06. The Texas legislature repealed the ten (10) year rule formerly contained in Section 49.09(e) which limited the use of some prior convictions as of September 1, 2005.
For the first conviction of DWI, intoxication assault, or intoxication manslaughter for a person under the age of 21 years old, the penalties also include a 90-day driver’s license suspension at the beginning of the community supervision period as required in CCP Art. 42.12 Section 13(n)(1).
Collin County’s No Refusal Program
Throughout the year, Collin County law enforcement officers work together during a “no refusal” program. The “no refusal” program is used each year during the Christmas and New Years’ holidays. The following law enforcement agencies in Tarrant County make DWI arrests during the program including:
The DWI Administrative Proceeding vs. the DWI Criminal Proceeding
Texas Transportation Code § 724.048 explains the difference between the Administrative Proceeding when compared to the Criminal Proceeding. Section 724.048 provides:
Except as provided by Subsection (c), the disposition of a criminal charge does not affect a license suspension or denial under this chapter and is not estoppel as to any matter in issue in a suspension or denial proceeding under this chapter.
If a criminal charge arising from the same arrest as the administrative suspension results in an acquittal, the administrative suspension may not be imposed. If the administrative suspension has already been imposed, the department shall rescind the suspension and remove references to the suspension from the computerized driving record of the individual.
Collin County DWI Resources
DWI/Drug Court – Collin County — Visit this Collin County website to learn more about the DWI court. You can find qualifiers, disqualifiers, and benefits. There is also information about treatment providers and ignition interlock devices.
Driving Under the Influence – Texas Department of Transportation — Learn more about when you are considered legally intoxicated. Also, find information on DWI penalties. There is a link to safety campaigns.
Find A Collin County Attorney to Fight DWI Charges | Law Office of Richard C. McConathy
Were you arrested and currently facing DWI charges in Collin County? You will want to seek the help of a skilled criminal defense attorney, and Richard C. McConathy diligently works to achieve the most favorable outcome for these cases for clients all over North Texas.
The Law Offices of Richard C. McConathy represent people throughout Plano, Allen, Frisco, and McKinney as well as nearby areas like Flower Mound, The Colony, and Little Elm. Our firm can review your case when you call (469) 304-3422 or contact us online for a consultation.