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Law Offices of Richard C. McConathy
5700 Granite Pkwy #200
Plano , Texas , 75024 USA
(469) 304-3422

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Any person who is arrested for driving while intoxicated (DWI) offense in Collin County is going to be dealing with a whole new world of legal terminology that can be confusing and even some common terms that have specific definitions. You will want to know exactly what everything means, and a DWI defense attorney can help explain everything for you.

According to the Texas Department of Public Safety (DPS), DWI arrests in Collin County in 2021 included 317 charges from the Allen Police Department, 72 charges from the Celina Police Department, 51 charges from the Anna Police Department, one charge from the Collin County Constable’s Office, 199 charges from the Collin County Sheriff’s Office, 15 charges from the Fairview Police Department, 17 charges from the Farmersville Police Department, 391 charges from the Frisco Police Department, 17 charges from the Lavon Police Department, 300 charges from the McKinney Police Department, 28 charges from the Melissa Police Department, seven charges from the Murphy Police Department, two charges from the Parker Police Department, 816 charges from the Plano Police Department, 80 charges from the Princeton Police Department, 38 charges from the Prosper Police Department, and 160 charges from the Wylie Police Department. Statewide, there were 89,457 DWI charges reported in 2021 that included 1,824 releases with no charges.

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DWI-Related Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX

Contact the Law Offices of Richard C. McConathy today for a consultation about your alleged offense in Plano, Allen, Frisco, McKinney, TX, and surrounding areas of Collin County, Texas.

The Law Offices of Richard C. McConathy aggressively defend people all over Texas against all kinds of DWI charges and knows how to help clients achieve the most favorable outcomes to their cases. You can call (469) 304-3422 or contact us online for a free consultation so we can fully examine your case and begin discussing your legal defense options.

Texas Penal Code Definitions Relating to DWI Charges in Collin County

Specific DWI terminology identified within the Texas Penal Code includes all of the following:

  • Alcohol Concentration, Texas Penal Code § 49.01(1) — The number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.
  • Intoxicated, Texas Penal Code § 49.01(2) — Either not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having an alcohol concentration of 0.08 or more.
  • Motor Vehicle, Texas Penal Code § 49.01(3) — As defined under Texas Penal Code § 32.34(2), a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.
  • Watercraft, Texas Penal Code § 49.01(4) — A vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.
  • Amusement Ride, Texas Penal Code § 49.01(5) — As defined under Texas Occupations Code § 2151.002(1), a mechanical device that carries passengers along, around, or over a fixed or restricted course or within a defined area for the purpose of giving the passengers amusement, pleasure, or excitement. The term does not include a coin-operated ride that is manually, mechanically, or electrically operated; is customarily placed in a public location; and does not normally require the supervision or services of an operator; nonmechanized playground equipment, including a swing, seesaw, stationary spring-mounted animal feature, rider-propelled merry-go-round, climber, playground slide, trampoline, and physical fitness device; or a challenge course or any part of a challenge course if the person who operates the challenge course has an insurance policy currently in effect written by an insurance company authorized to do business in this state or by a surplus lines insurer, as defined by Chapter 981, Insurance Code, or has an independently procured policy subject to Chapter 101, Insurance Code, insuring the operator against liability for injury to persons arising out of the use of the challenge course, in an amount not less than for facilities with a fixed location $100,000 bodily injury and $50,000 property damage per occurrence, with a $300,000 annual aggregate; or a $150,000 per occurrence combined single limit, with a $300,000 annual aggregate; and for facilities other than those with a fixed location $1,000,000 bodily injury and $500,000 property damage per occurrence; or $1,500,000 per occurrence combined single limit.
  • Mobile Amusement Ride, Texas Penal Code § 49.01(6) — As defined under Texas Occupations Code § 2151.002(6), an amusement ride that is designed or adapted to be moved from one location to another and is not fixed at a single location.
  • Open Container, Texas Penal Code § 49.031(1) — A bottle, can, or another receptacle that contains any amount of alcoholic beverage that is open, that has been opened, that has a broken seal or the contents of which are partially removed.
  • Passenger Area of a Motor Vehicle, Texas Penal Code § 49.031(2) — The area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include a glove compartment or similar storage container that is locked; the trunk of a vehicle; or the area behind the last upright seat of the vehicle if the vehicle does not have a trunk.
  • Public Highway, Texas Penal Code § 49.031(3) — The entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or another publicly maintained way if any part is open for public use for the purpose of motor vehicle travel.  The term includes the right-of-way of a public highway.
  • Public Highway, Texas Penal Code § 49.031(3) — The entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or another publicly maintained way if any part is open for public use for the purpose of motor vehicle travel.  The term includes the right-of-way of a public highway.
 

Other Definitions Relating to DWI Charges in Collin County

Many other phrases and terms are commonly used in DWI cases that are not identified in the Texas Penal Code. These may include:

  • Administrative License Revocation (ALR) Program — A civil administrative process requiring DPS to suspend and/or disqualify a driver’s license if a person is arrested for DWI or Boating While Intoxicated (BWI) when they refuse to take or fail to complete a blood or breath test, provide a blood or breath test that registers a blood alcohol concentration (BAC) of 0.08 percent or more while driving a non-commercial motor vehicle, or provide a blood or breath test that registers a BAC of 0.04 percent or more while driving a commercial motor vehicle.
  • Nystagmus — A condition in which the eyes move rapidly and uncontrollably, either moving side to side (horizontal nystagmus), up and down (vertical nystagmus), or in a circle (rotary nystagmus).
  • Arraignment — An initial court proceeding at which a person arrested for  DWI will be formally advised of the charges against them and given an opportunity to enter a plea.
  • Field Sobriety Test (FST) — Tests used by law enforcement officers to determine impairment. The most common FSTs will test a person’s balance, coordination, and the ability of a driver to divide their attention among several tasks at once, but unlike the state implied consent law requiring all drivers to submit to chemical testing, people have no obligation to agree to these tests.
  • Retrograde Extrapolation — Using a person’s BAC obtained at a later time to estimate what their BAC was at an earlier time, based on the average rate at which alcohol is eliminated from the body.
  • Voir Dire — Jury selection for trials in DWI cases. Lawyers and/or judges can question potential jurors about their background and qualifications to sit as jurors in a DWI case. The parties are able to learn more about potential jurors and determine whether a DWI case is proper for them to hear.
  • Wet Reckless — A plea to a charge of reckless driving that is alcohol-related. Wet reckless pleas are usually the result of plea bargaining to reduce DWI charges. Such pleas usually involve lower fines, no jail time, and no record of DWI conviction, but a wet reckless could be considered a prior drunk-driving conviction for any subsequent DWI arrest.
 

Collin County DWI Resources 

DWI/Drug Court | Collin County — Collin County DWI and drug courts target impaired drivers who, without serious treatment intervention and accountability, are deemed at high risk to reoffending with a goal of stopping drunk driving by addressing the root cause of alcohol and other substance abuse. Applicants have to be Collin County residents who undergo a Substance Abuse Evaluation prior to acceptance into the program, have a willingness to participate in an intensive supervision and treatment program, and are charged with either a first offense DWI involving drug, a high BAC, or a motor vehicle accident, or a second offense DWI. Disqualifying circumstances include offenses dated more than six months (although exceptions can be considered), out of county residents (exceptions can again be considered), debilitating mental illness or health issues, prior felony sex offenses, current or prior violent offenders, homeland security risks, pending felony charges, charges in other jurisdictions, and outstanding warrants in other jurisdictions.

Misdemeanor Trial — The Misdemeanor Trial Division of the Collin County Criminal District Attorney’s Office is charged with prosecuting all Class A and Class B misdemeanor offenses filed within Collin County, and misdemeanor prosecutors in Collin County aggressively prosecute cases with a particular emphasis on DWI cases. Collin County states that it has taken a progressive approach toward prosecuting DWI cases using blood search warrants in cases where alleged offenders refuse to provide a breath or blood specimen, and the seven county courts of law in Collin County involve two prosecutors assigned to each court, along with an investigator and legal secretarial support, and dispose of approximately 1,500 cases per year. The most common Class B misdemeanor offenses include DWI.

Find A Collin County Attorney to Fight DWI-Related Charges | Law Offices of Richard C. McConathy

Contact the Law Offices of Richard C. McConathy today for a consultation about your alleged offense in Plano, Allen, Frisco, McKinney, TX, and surrounding areas of Collin County, Texas.

The Law Offices of Richard C. McConathy handles all grades of DWI offenses in Texas, and we can fight to ensure that you are able to achieve the most favorable outcome for your particular case. Call (469) 304-3422 or contact us online to receive a consultation that will allow us to fully discuss everything you are now dealing with and find solutions to some of your most pressing problems.

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