Were you arrested for driving while intoxicated (DWI) in Collin County, Texas? Chiles McGuire Criminal Law represents people facing DWI charges and other criminal offenses. Contact us at (214) 432-6540 to schedule a free consultation with a Collin County DWI lawyer.
Our team brings experience in criminal defense, prosecution, and trial work to DWI cases. We draw on this background when representing people accused of DWI and other criminal offenses in Collin County.
Why Choose Chiles McGuire Criminal Law to Help Me if I’ve Been Accused of a DWI in Collin County, TX?
At Chiles McGuire Criminal Law, we handle cases in and around Collin County, TX, with an emphasis on investigation, motion practice, and preparation for trial.
Some of our qualifications include:
- Experience representing hundreds of people facing criminal charges
- Experience handling both misdemeanor and felony cases
- Recognition from organizations, including The National Trial Lawyers (Top 40 Under 40) and Super Lawyers (Rising Stars)
Our Collin County DWI attorneys prepare cases with trial in mind from the start. We also use an upfront fee structure that includes trial representation, so clients do not face a separate trial fee if their case goes to trial.
Reach out today to schedule a free consultation with a Collin County criminal defense attorney.
What Is DWI in Texas?
Under Texas Penal Code § 49.04, a person commits DWI by operating a motor vehicle in a public place while intoxicated.
The Texas Penal Code defines “intoxicated” as either:
- Not having the normal use of mental or physical faculties because of alcohol, a drug, a controlled substance, a combination of substances, or another substance; or
- Having an alcohol concentration of 0.08 or more
As a result, the state may pursue a DWI case even when there is no allegation that the driver’s alcohol concentration reached 0.08. Prosecutors may instead attempt to show that the person did not have the normal use of their mental or physical faculties.
The law also covers intoxication caused by substances other than alcohol. A DWI charge may involve prescription medications, illegal drugs, or a combination of alcohol and other substances.
What Are the Penalties for DWI in Collin County, Texas?
A DWI conviction in Texas can carry criminal penalties as well as consequences that affect a person’s ability to drive. The severity of the charge can increase based on prior DWI convictions and the circumstances surrounding the offense. For example, a high alcohol concentration or having a child passenger in the vehicle can lead to more serious charges.
Depending on the case, potential consequences may include:
- Jail or prison time
- Fines
- Driver’s license suspension
- Probation
- Court-ordered programs
- Installation of an ignition interlock device
A first DWI is generally a misdemeanor, while repeat offenses and certain aggravating circumstances can result in more serious charges. Factors such as prior DWI convictions, a high alcohol concentration, or having a child passenger can affect the penalties imposed.
What Are the Collateral Consequences of a DWI Conviction?
The consequences of a DWI conviction can extend beyond the sentence imposed by the court. A criminal record and restrictions on driving can create practical problems in a person’s work and personal life.
Potential collateral consequences may include:
- Difficulty obtaining or keeping certain jobs
- Problems with professional licenses
- Higher auto insurance costs
- Restrictions on driving
- Problems with housing applications
- Immigration consequences for some noncitizens
The effects of a DWI conviction vary from person to person. Employment, licensing, immigration status, and other individual circumstances can shape how a conviction affects someone after the criminal case ends.
Can a DWI Affect My Texas Driver’s License?
Yes. A DWI case can create driver’s license consequences separate from the criminal prosecution. The specific rules vary based on the circumstances, including whether a person refused chemical testing, failed testing, has prior alcohol- or drug-related enforcement contacts, or is ultimately convicted.
A DWI conviction can also result in a license suspension. Texas Transportation Code § 521.344 provides suspension periods for intoxication-related convictions, including periods ranging from 90 days to one year for certain first offenses and longer periods for some repeat offenses.
Because administrative and criminal proceedings are separate, resolving one issue does not necessarily resolve the other.
What Defenses Can Be Raised if I’m Accused of DWI?
A DWI arrest does not mean that every piece of evidence gathered by law enforcement is accurate, reliable, or admissible in court. Police must have a lawful basis for the traffic stop, and the prosecution must prove the elements of DWI beyond a reasonable doubt. Questions may also arise about field sobriety testing, chemical test results, officer observations, or whether the accused was operating the vehicle.
Depending on the facts of the case, possible defenses may involve:
- An unlawful traffic stop or detention
- Improperly administered field sobriety tests
- Problems with breath or blood testing
- Medical conditions that affected test performance
- Video evidence that conflicts with an officer’s account
- Insufficient evidence of intoxication
- Insufficient evidence that the accused operated the vehicle
A DWI defense may involve more than one issue. Police reports, video footage, testing records, witness accounts, and other evidence can provide important context for the allegations and reveal areas of the prosecution’s case that can be challenged.
What Evidence Is Commonly Used in a Collin County DWI Case?
DWI investigations often begin before an officer asks a driver to step out of the vehicle. An officer may document the reason for the stop and observations made while speaking with the driver.
Evidence in a DWI prosecution may include:
- Body camera and dashboard camera recordings
- The officer’s observations about driving
- Statements made during the traffic stop
- The smell of alcohol
- Observations about speech, balance, or appearance
- Standardized field sobriety test results
- Breath test results
- Blood test results
- Witness statements
- Records concerning the collection and testing of a specimen
The presence of this evidence does not automatically establish guilt. The circumstances surrounding how evidence was gathered, tested, and documented can become part of the defense.
How a Criminal Defense Attorney Can Help if You’ve Been Accused of DWI
A criminal defense attorney can begin by gathering information that may not be contained in the initial arrest paperwork. DWI cases can generate video recordings, testing records, police reports, laboratory documentation, and other materials that should be examined together.
Depending on the case, an attorney may:
- Investigate the reason for the initial traffic stop
- Obtain available police video
- Compare an officer’s report with recorded footage
- Examine field sobriety testing
- Review breath or blood testing records
- Identify potential witnesses
- Research legal issues involving searches, seizures, or statements
- File motions to suppress or exclude evidence when supported by the facts and law
- Communicate with prosecutors
- Prepare witnesses and evidence for court
- Take the case to trial when appropriate
A lawyer can also keep track of the criminal case while addressing separate driver’s license proceedings that arise from the arrest.
Schedule a Free Case Evaluation With Our DWI Defense Lawyers
If you are facing DWI charges in Collin County, Texas, Chiles McGuire Criminal Law is ready to help. With experience handling DWI cases from both the prosecution and defense sides, our firm is familiar with the evidence and legal issues that often arise in these cases.
A DWI charge can involve criminal penalties, driver’s license consequences, and other effects on your daily life.
If you have been accused of DWI, you do not have to face the charge alone. Call Chiles McGuire Criminal Law to schedule a free case evaluation with a Collin County DWI attorney.
