Have you been arrested for driving while intoxicated in McKinney, Texas? Chiles McGuire Criminal Law is ready to help. Call (214) 432-6540 to schedule a confidential consultation with an experienced McKinney DWI lawyer and learn about your legal options.
A DWI charge can carry serious consequences, including jail time, fines, a driver’s license suspension, and a permanent criminal record. Acting quickly gives your attorney more time to review the evidence, identify potential defenses, and protect your rights throughout the criminal process.
Why Choose Chiles McGuire Criminal Law If You’re Arrested for a DWI in McKinney, TX?
A DWI conviction can carry serious consequences, making your choice of defense attorney one of the most important decisions you’ll make. At Chiles McGuire Criminal Law, we combine courtroom experience, meticulous preparation, and personalized representation to build the strongest defense possible.
When you hire our firm for help in McKinney, TX, you can expect:
- 11 years of criminal defense experience representing clients in Texas.
- Trial-tested attorneys who regularly take cases to court instead of avoiding the courtroom.
- Appellate experience that provides a deeper understanding of criminal law and trial strategy.
- Individualized attention so you’re never treated like just another case.
- A comprehensive review of every piece of evidence, with a detailed analysis of the strengths, weaknesses, and legal issues involved.
- An independent investigation, whenever necessary to uncover evidence that supports your defense.
- A customized defense and trial strategy tailored to the specific facts of your case.
Contact the firm today to discuss your DWI case with an experienced McKinney criminal defense attorney.
Understanding DWI Charges in Texas
In Texas, a person can be charged with driving while intoxicated (DWI) if they operate a motor vehicle in a public place while intoxicated. State law defines intoxication as either losing the normal use of your mental or physical faculties because of alcohol, drugs, or a combination of substances, or having a blood alcohol concentration (BAC) of 0.08% or higher.
A BAC of 0.08% is not required for an arrest. If an officer believes alcohol or drugs affected your ability to drive safely, you may still face DWI charges even if your BAC is below the legal limit. This is especially common in cases involving prescription medications, illegal drugs, or a combination of substances.
The charge itself depends on the facts of the case. Many first-time DWI offenses are misdemeanors, but certain circumstances can result in felony charges. Prior DWI convictions, causing serious bodily injury or death, or driving while intoxicated with a child passenger are all examples of situations that can lead to more serious criminal penalties.
Common Reasons for DWI Arrests
Most DWI arrests begin with a traffic stop. An officer may pull a driver over after observing behavior they believe is consistent with impaired driving or after responding to a traffic accident. Once the stop is made, the officer will look for additional signs of intoxication before deciding whether to make an arrest.
Common reasons for DWI stops include:
- Weaving between lanes
- Speeding or driving well below the speed limit
- Running a stop sign or red light
- Following another vehicle too closely
- Driving without headlights at night
- Being involved in a traffic accident
- Reports from other motorists about suspected impaired driving
During the stop, an officer may note the odor of alcohol, slurred speech, bloodshot eyes, or other observations they believe indicate impairment. They may also ask the driver to perform field sobriety tests or request a breath or blood sample.
A traffic stop alone does not prove someone was driving while intoxicated. Officers must follow legal procedures throughout the investigation, and the evidence collected must support the charges. Reviewing the reason for the stop, the officer’s observations, body camera footage, and any test results is an important part of evaluating the strength of the prosecution’s case.
What Are the Penalties for a DWI Conviction in Texas?
The penalties for a DWI conviction vary depending on the facts of the case. A first offense is typically treated differently from a repeat offense, and additional factors—such as causing an accident, having a high blood alcohol concentration, or driving with a child passenger—can result in enhanced penalties. Even if no one was injured, a conviction can carry significant criminal and financial consequences.
Possible penalties include:
- Jail or prison time
- Criminal fines and court costs
- Suspension of your driver’s license
- Installation of an ignition interlock device
- Community supervision (probation)
- Court-ordered alcohol education or treatment programs
The effects of a DWI conviction often continue long after your sentence is complete. A criminal record may make it harder to find a job, qualify for certain professional licenses, or obtain affordable auto insurance. Depending on your occupation, a conviction could also affect your commercial driver’s license or your ability to travel for work.
What Happens After a DWI Arrest in McKinney?
After a DWI arrest, the decisions you make in the days ahead can have a lasting impact. Missing a deadline, making statements to law enforcement, or waiting too long to hire an attorney may affect your driver’s license or your criminal case. Most DWI cases in Texas move through the same basic stages, although the timeline varies from one case to another.
After an arrest, the process typically includes:
- Arrest and booking: Law enforcement will take your fingerprints, photograph you, and complete the booking process before you are released or taken before a magistrate.
- Release on bond: Depending on the circumstances, you may be released on bond while your case is pending.
- Driver’s license proceedings: Your arrest may trigger a separate administrative process involving your driving privileges. Important deadlines apply if you want to contest a suspension.
- Court appearances: Your case will move through the criminal court system, including hearings, the exchange of evidence, and pretrial motions.
- Negotiations or trial: Some cases are resolved through plea negotiations, while others proceed to trial.
- Final resolution: Depending on the facts and evidence, your case may end in a dismissal, reduced charge, acquittal, plea agreement, or conviction.
Hiring a McKinney criminal defense lawyer early gives them more time to review the evidence, identify legal issues, and begin preparing your defense before critical deadlines pass.
Common DWI Defense Strategies
A DWI arrest does not automatically lead to a conviction. Prosecutors must prove every element of the charge beyond a reasonable doubt, and that often depends on the evidence gathered by law enforcement. If officers made mistakes during the investigation or failed to follow proper procedures, those issues may affect the strength of the case.
Common defenses in Texas DWI cases include:
- Challenging the legality of the traffic stop: Police must have a valid legal reason to stop your vehicle.
- Arguing that the officer lacked probable cause: An arrest must be supported by sufficient evidence that a crime was committed.
- Questioning breath or blood test results: Chemical testing equipment must be properly maintained and administered according to established procedures.
- Challenging field sobriety tests: Medical conditions, uneven pavement, weather, fatigue, or improper instructions can affect a driver’s performance.
- Examining how evidence was collected and handled: Problems with the chain of custody, testing procedures, or recordkeeping may call evidence into question.
- Raising constitutional issues: Violations involving unlawful searches, seizures, or custodial questioning may result in certain evidence being excluded.
A thorough review of the evidence is often the key to identifying weaknesses in the prosecution’s case and developing an effective defense strategy.
Can You Refuse a Breath or Blood Test?
Yes, you can refuse a breath or blood test in Texas, but doing so may have consequences. Under the state’s implied consent law, anyone who drives on Texas roads is considered to have consented to chemical testing if they are lawfully arrested for DWI.
Refusing a test can result in the suspension of your driver’s license through a separate administrative process, even if you are never convicted of DWI. In some situations, law enforcement may also obtain a warrant allowing a blood sample to be taken despite your refusal.
Whether refusing a chemical test helps or hurts your case depends on the circumstances. The facts surrounding your arrest, the reason for the traffic stop, and the evidence gathered by law enforcement all play a role.
DWI FAQs
How Can a Lawyer Help Me With My DWI Charges?
A DWI charge does not automatically result in a conviction. A lawyer can review the evidence, identify weaknesses in the prosecution’s case, and determine whether your constitutional rights were violated during the traffic stop, arrest, or investigation. Depending on the facts, your attorney may seek to have evidence suppressed, negotiate for reduced charges, or take your case to trial. Having legal representation early in the process also helps ensure important deadlines are not missed.
Is a DWI a Felony in Texas?
Not always. Many first-time DWI offenses are charged as misdemeanors. However, a DWI may become a felony if you have prior DWI convictions or if certain aggravating factors are present. For example, a DWI involving serious bodily injury, a fatal accident, or a child passenger can result in felony charges. The penalties for a felony DWI are significantly more severe than those for a misdemeanor.
How Long Does a DWI Case Take in Texas?
The timeline depends on the facts of the case, the court’s schedule, and whether the case is resolved through negotiations or proceeds to trial. Some DWI cases conclude within a few months, while others take considerably longer. Cases involving complex legal issues, extensive evidence, or expert witnesses often require additional time to resolve.
Can My License Get Suspended in Texas, and for How Long?
Yes. A DWI arrest may lead to a driver’s license suspension through a separate administrative process, regardless of what happens in your criminal case. The length of a suspension depends on factors such as whether you refused a breath or blood test, your prior driving history, and the final resolution of your case. Because strict deadlines apply to challenging a suspension, it is important to act quickly after an arrest.
Do You Handle DWI Cases in Frisco, Allen, McKinney, and Other Collin County Cities?
Yes. We represent clients charged with DWI throughout Collin County, including McKinney, Frisco, Allen, Plano, Wylie, Prosper, Celina, Melissa, Princeton, Farmersville, Anna, Murphy, Lucas, Parker, Fairview, and surrounding communities. If you were arrested anywhere in Collin County, our team is prepared to review your case and discuss your legal options.
Contact Our Experienced McKinney DWI Lawyers for Legal Help
If you’ve been arrested for DWI in McKinney, Chiles McGuire Criminal Law is ready to help. Call or reach out online today to schedule a confidential consultation with an experienced McKinney DWI attorney. From reviewing the evidence to challenging the prosecution’s case, your attorney can begin working on your defense from day one.
A DWI charge can have lasting consequences, but an arrest is only the beginning of the legal process. Whether your case involves a first-time DWI, repeat offense, or felony charge, having a trial-ready attorney in your corner gives you an advocate focused on securing the best possible result.
McKinney, TX Courts
- Collin County Courthouse – 2100 Bloomdale Rd, McKinney, TX 75071
- McKinney Municipal Court – 130 S Chestnut St, McKinney, TX 75069
- 469th District Court – 2100 Bloomdale Rd, Suite 30014, McKinney, TX 75071
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
